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PRODIGY COMM. v. AGRICULTURAL EXCESS

No. 06-0598.

288 S.W.3d 374 (2009)

PRODIGY COMMUNICATIONS CORP., Petitioner, v. AGRICULTURAL EXCESS & SURPLUS INSURANCE COMPANY, n/k/a Great American E & S Insurance Company and Great American Insurance Company, Respondents.

Supreme Court of Texas.

Decided March 27, 2009.

Attorney(s) appearing for the Case

Werner A. Powers and Charles C. Keeble Jr., Haynes & Boone, LLP, Dallas, for Petitioner.

J. Richard Harmon, Jo Allison Stasney, Wade Caven Crosnoe, Thompson Coe Cousins & Irons, LLP, Dallas, Paul F. Matousek, Joseph J. Borders, Walker Wilcox Matousek, LLP, Chicago, IL, for Respondents.

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

In PAJ, Inc. v. The Hanover Insurance Co., 243 S.W.3d 630, 636-37 (Tex.2008), we held that "an insured's failure to timely notify its insurer of a claim or suit does not defeat coverage if the insurer was not prejudiced by the delay." PAJ involved an occurrence...

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