Black v. Victoria Lloyds Insurance Company
In Black v. Victoria Lloyds Insurance Company, 797 S.W.2d 20, 33 Tex. Sup. Ct. J. 716 (Tex. 1990), the Supreme Court held that summary judgment was improper because a material issue of fact existed as to whether statements made on an insurance card varied with the written terms of a provision in the policy excluding coverage for permissive personal use of a vehicle. Id. at 26.
Consequently, a fact issue existed as to whether the insurer had waived its right to enforce that particular provision as written in the policy. Id. at 26.