Waiver, estoppel, reservation of rights and non-waiver agreements
Ulico Casualty Co. v. Allied Pilots Association, No. 06-0247 (Tex. Aug. 29, 2008) (262 S.W.3d 773)
Edition and licensing notes
Publisher. Supreme Court of Texas (search.txcourts.gov)
Edition. Supreme Court of Texas opinion, No. 06-0247, decided 2008-08-29 (Johnson, J.; Jefferson, C.J., concurring); retrieved 2026-09-29
Status. Judicial opinion of a Texas court, a government edict; the file is the court's own published HTML of the opinion and carries no reporter headnotes.
What this document is
Ulico Casualty Co. v. Allied Pilots Association, No. 06-0247 (Tex. Aug. 29, 2008) (262 S.W.3d 773) - waiver, estoppel, reservation of rights and non-waiver agreements is a reference published by Supreme Court of Texas (search.txcourts.gov). It is one of the Texas documents that insurance license exam questions are written from, including texas claims adjuster practice questions. This page summarizes it and points to the official version, which is the text to rely on.
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- Ulico Casualty Co. v. Allied Pilots Ass'n, No. 06-0247 (Tex. 2008), Part II.B.1 (waiver defined)
“Waiver is the intentional relinquishment of a right actually known, or intentional conduct inconsistent with claiming that right.”
- Ulico Casualty Co. v. Allied Pilots Ass'n, No. 06-0247 (Tex. 2008), introduction (holding)
“We hold that if an insurer’s actions prejudice its insured, the insurer may be estopped from denying benefits that would be payable under its policy as if the risk had been covered, but the doctrines of waiver and estoppel cannot be used to re-write the contract of insurance and provide contractual...”
- Ulico Casualty Co. v. Allied Pilots Ass'n, No. 06-0247 (Tex. 2008), Part II.B.4 (prejudice)
“But, if the insurer’s actions prejudice the insured, the lack of coverage does not preclude the insured from asserting an estoppel theory to recover for any damages it sustains because of the insurer’s actions.”
- Ulico Casualty Co. v. Allied Pilots Ass'n, No. 06-0247 (Tex. 2008), Part II.B.3 (Wilkinson exception)
“Thus there is no “right” of noncoverage that is subject to being waived by the insurer, even by assumption of the insured’s defense with knowledge of facts indicating noncoverage and without obtaining a valid reservation of rights or non-waiver agreement.”
- Ulico Casualty Co. v. Allied Pilots Ass'n, No. 06-0247 (Tex. 2008), Part II.C.1 (extended reporting period)
“But that language cannot be read separately and in isolation from the GENERAL CONDITIONS requirement that no change or modification of the policy shall be effective except when made by written endorsement signed by an authorized representative of the company.”
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