United States Fifth Circuit

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Crocker v. Nat'l Union Fire Ins., 05-50813

In a case in which plaintiff sought to recover on the basis of a $1 million default judgment for a personal injury claim, summary judgment for plaintiff on a claim to recover her judgment as a third party beneficiary from defendant-insurer is reversed where defendant owed no duty to defend insured-tortfeasor, or to sua sponte notify him that its policy covered him, based on his failure: 1) to request defense in any manner, 2) to give defendant notice of the suit, 3) to furnish it copies of any relevant papers; and 4) to comply with its relevant notice provisions.

Appellate Information

  • Decided 04/24/2008
  • Published 04/25/2008

Judges

  • PER CURIAM:, Before GARWOOD, HIGGINBOTHAM and CLEMENT, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Thomas Joseph O'Meara (argued), Austin, TX, William Schmidt (argued), Law Offices of William Schmidt, Austin, TX, for Crocker.

  • For Appellees:
  • Thomas Clark Wright (argued), Michael Alan Choyke, Wright Brown & Close, Houston, TX, Harrison Henry Yoss, John Sepehri, Thompson, Coe, Cousins & Irons, Dallas, TX, for Defendant-Appellant.