law-notice-of-claim insurance law cases from the Texas Supreme Court | Texas Caselaw |
NOTICE OF CLAIM CASE LAW FROM THE TEXAS SUPREME COURT
Prodigy Communications Corp. v. Agricultural Excess & Surplus Insurance, No. 06-0598 (Tex. Mar. 27,
2009)(Jefferson) (insurance law, effect of noncompliance with prompt notice requirement as condition
precedent for coverage of claim, prejudice factor)
PRODIGY COMMUNICATIONS CORP. v. AGRICULTURAL EXCESS & SURPLUS INSURANCE
COMPANY, N/K/A GREAT AMERICAN E & S INSURANCE COMPANY AND GREAT AMERICAN
INSURANCE COMPANY; from Dallas County; 5th district (05-05-00442-CV, 195 SW3d 764, 05-30-06)
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to
the trial court.
Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright,
Justice Brister, Justice Medina, and Justice Green joined.
Justice Wainwright delivered a concurring opinion.
Justice Johnson delivered a dissenting opinion, in which Justice Hecht and Justice Willett joined.
Financial Industries Corp. v. XL Specialty Ins. Co., No. 07-1059 (Tex. Mar. 27, 2009)(Jefferson)(cert.
question from the 5th Circuit) (effect of insured's failure to give insurer prompt notice of claim, prejudice
criterion, insurance policy construction)
FINANCIAL INDUSTRIES CORPORATION v. XL SPECIALTY INSURANCE COMPANY
The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.
Chief Justice Jefferson delivered the opinion of the Court.
National Union Fire Ins. Co. of Pittsburg, PA v. Crocker, No. 06-0868 (Tex. Feb. 15, 2008)(Justice Willett)
(insurance coverage, additional insured, notification)
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA v. BEATRICE CROCKER; 5th district
The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit.
Justice Willett delivered the opinion of the Court.
Paj, Inc. v. The Hanover Ins. Co., No. 05-0849 (Tex. Jan. 11, 2008)(Opinion by Justice O'Neill)
(insurance law, effect of failure to comply with notice of claim requirements, prejudice)
PAJ, INC. D/B/A PRIME ART & JEWEL v. THE HANOVER INSURANCE COMPANY; from Dallas County;
5th district (05-04-01047-CV, 170 S.W.3d 258, 08/26/05)
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the
trial court in part.
Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Brister, Justice
Medina, and Justice Green joined.
Justice Willett delivered a dissenting opinion, in which Justice Hecht, Justice Wainwright, and Justice Johnson
CASES FROM THE COURTS OF APPEALS IN WHICH REVIEW WAS DENIED BY
TEX. SUP. CT.
GARRY JENKINS v. STATE AND COUNTY MUTUAL INSURANCE COMPANY; from Tarrant County; 2nd
district (02-08-00279-CV, 287 SW3d 891, 06-11-09, pet. denied Sep. 2009)
as redrafted (default judgment against additional insured, is insurer liable in the absence of notice?)
This is a suit by a judgment creditor to collect a default judgment under an automobile liability policy. It is
undisputed that the additional insured against whom the default judgment was rendered failed to notify the
insurer of the lawsuit filed against him. It is further undisputed that the insurer had actual knowledge of the
suit. The question is whether the insurer is liable for the default judgment rendered against the additional
insured. We answer "no" and affirm the trial court's grant of summary judgment in favor of the insurer.