Texas Supreme Court

Prodigy Communications Corp., Petitioner v. Agricultural Excess & Surplus Insurance Company, N/k/a Great American E…

March 27, 200952 Tex. Sup. Ct. J. 475

Summary

The Texas Supreme Court held that under a claims‑made D&O policy, an insured’s failure to give notice "as soon as practicable" does not defeat coverage when the insurer is not prejudiced, even though the notice provision is labeled a condition precedent. The Court reversed the Court of Appeals and remanded for further proceedings.