United States Fifth Circuit

In an insurance coverage dispute, summary judgment in favor of defendant is reversed where the district court erred in not requiring defendant to show that its defense was prejudiced by plaintiff's breach of the insurance policy's prompt notice provision.

Appellate Information

• Decided 01/24/2005
• Published 01/24/2005

Judges

• E. GRADY JOLLY, Circuit Judge:, Before KING, Chief Judge, and JOLLY and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Russell Joseph Bowman (argued), Scott, Bowman & Stella, Dallas, TX, for Plaintiff-Appellant.


• For Appellees:
  
• Julia Leigh Kurtz (argued), Wright, Brown & Close, Houston, TX, Marcus Jarrett Coleman, Cozen & O'Connor, Dallas, TX, for Defendant-Appellee.