National Union Fire Insurance Co. of Pittsburgh v. Crocker

This insurance-coverage case comes to us on certified questions from the United States Court of Appeals for the Fifth Circuit. 1 The principal issue is whether an insurer has a duty to notify an additional insured 2 of available liability coverage. On the facts presented, we conclude that Texas law imposes no such extra-contractual duty. We further hold that an insurer’s actual knowledge that an additional insured has been served with process does not establish as a matter of law that the insurer has not been prejudiced by the additional insured’s failure to notify the insurer of the receipt…