Financial Industries Corp. v. XL Specialty Insurance Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an insurer must show prejudice to deny payment on a claims made policy, when the denial is based upon the insured’s breach of the policy’s prompt-notice provision, but the notice is nevertheless given within the policy’s coverage period
• concluding insurer may not deny coverage without a showing that the insured’s failure to give written notice was prejudicial to the insurer—such failure was not a material breach
• answering a certified “determinative question” of state law from the United States Court of Appeals for the Fifth Circuit

Source: CourtListener parenthetical corpus (CC0).