LIBERTY MUT. INS. CO. v. CRUZ

No. D-3990.

883 S.W.2d 164 (1993)

LIBERTY MUTUAL INSURANCE COMPANY, Petitioner, v. Roque CRUZ and Rosaura Cruz, Individually and as next friends for Rosibel Cruz, Alvaro Cruz and Perla Evelyn Cruz, Minor Children.

Supreme Court of Texas.

December 8, 1993.


Attorney(s) appearing for the Case

C. Douglas Calvert, Dallas, for petitioner.

Charles Montemayor, Lawrence L. Mealer, Dallas, for respondents.


PER CURIAM.

This is a summary judgment case concerning the liability of an insurance company for a default judgment rendered against its insured without notice of suit to the insurance company. We hold that failure to comply with the insurance policy notice provision by not providing notice of suit until after a default judgment is final, when the insurer does not otherwise have actual knowledge of the suit, prejudices the insurer as a matter of law and relieves the...

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