law-prejudice-to | prejudice to opposing party | prejudice as a factor
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,
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
Chief Justice Jefferson delivered the opinion of the Court.