E. O. Allen v. Western Alliance Insurance Company

This is a suit by the Reverend E. O. Allen for reimbursement of medical expenses alleged to be due under a policy of insurance. The question is whether Allen gave notice to the insurance company "as soon as practicable" after the accident as required by the policy. The trial court entered a summary judgment denying Allen a recovery. That judgment was affirmed by the Eastland Court of Civil Appeals. 343 S.W.2d 765. It held that under the circumstances, failure to give notice for 107 days did not, as a matter of law, constitute the giving of notice "as soon as practicable." The opinion of the Eastland Court is based on this Courts opinion in Klein v. Century Lloyds, 154 Tex. 160, 275 S.W.2d 95 (1955). The Klein case involved an asserted liability under automobile coverage of public liability. We granted a writ of error upon the assertion by Allen that there is, or should be, a different basis for the requirement of notice under public liability coverage and the requirement of notice for reimbursement for medical expenses. Under the provisions of the policy and the circumstances in question, however, we are of the opinion that the trial court correctly granted the respondents motion for summary judgment. The judgments of the courts below will, therefore, be affirmed.