EMCODE REIMBURSEMENT SOLUTIONS v. NUTMEG INS. CO.

Civil Action No. 3:05-CV-1551-D.

512 F.Supp.2d 603 (2007)

EMCODE REIMBURSEMENT SOLUTIONS, INC., et al., Plaintiffs, v. NUTMEG INSURANCE COMPANY, Defendant.

United States District Court, N.D. Texas, Dallas Division.

March 15, 2007.


Attorney(s) appearing for the Case

John T. Cox, III, Christopher J. Schwegmann, Cody L. Towns, Lynn Tillotson & Pinker, Dallas, TX, Michael H. Ginsberg, Jones Day, Pittsburgh, PA, for Plaintiffs.

Christine Kirchner, Laura J. Coe, Chamberlain Hrdlicka White Williams & Martin, Houston, TX, for Defendant.


MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, District Judge.

The principal question presented in this insurance coverage dispute is whether the insured gave timely notice of its claim under a claims-made policy. Concluding that it did not, the court grants summary judgment dismissing plaintiffs' breach of contract action. The court also concludes that plaintiffs have failed to demonstrate that they have viable extracontractual claims or that...

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