Insurance; Litigation: Personal Injury
Coastal refining & Marketing, Inc. v. United States Fidelity & Guaranty Company
Houston-14 - 5/30/06 - 14-04-00651-CV
Justice Guzman

Insurance Coverage Case. Insured Failed to Prove it was Prejudiced by Late Notice, Etc.

P-insurer in this declaratory judgment action argued it had no duty to reimburse its insured and two other carriers for the costs of settling a personal injury suit and moved for traditional summary judgment on the ground that the insured failed to timely notify P-insurer, settled without P's consent, and failed to cooperate with P. Held: Summary judgment for P was reversed and remanded. P produced no evidence that the action of it insured or the settling carriers cause prejudice (as required by the policy) and no evidence that the insured failed to cooperate.

State Bar of Texas Civil Digest
June 14, 2006