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PAJ, INC. v. HANOVER INS. CO.

No. 05-0849.

243 S.W.3d 630 (2008)

PAJ, INC., d/b/a Prime Art & Jewel, Petitioner, v. THE HANOVER INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Decided January 11, 2008.

Rehearing Denied February 15, 2008.

Attorney(s) appearing for the Case

Baxter W. Banowsky, Scott D. Levine, Banowsky, Betz & Levine, P.C., Dallas TX, for Petitioner,

R. Lynn Fielder, Fisk & Fielder, P.C., Sidney H. Davis Jr., Touchstone Bernays Johnston Beall & Smith, LLP, Dallas TX, for Respondent.

Elizabeth Bloch, Brown McCarroll, L.L.P., Austin, Frederick B. Wulff, Hughes & Luce LLP, Dallas, Douglas Alexander, Alexander Dubose Jones & Townsend, LLP, Austin, TX, for Amicus Curiae.

Justice O'NEILL delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice BRISTER, Justice MEDINA, and Justice GREEN joined.

In this, case, we must decide whether an insured's failure to timely notify its insurer of a claim defeats coverage under the policy if the insurer was not prejudiced by the delay. We hold, as we did in Hernandez v. Gulf Group Lloyds, that an immaterial breach does not deprive the insurer of the benefit of the bargain...

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