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Appeals Court Expands Notice In Prodigy D&O Suit

Law360 (March 27, 2009, 12:00 AM EDT) -- The Supreme Court of Texas on Friday overturned a lower court ruling against an AT&T subsidiary seeking to recover D&O claims, ruling that the Great American Insurance Group cannot deny coverage for a claims-made policy if notice is not filed “as soon as practicable” unless the notice is given after the drop-dead date specified in the policy or unless it can show the insurer has been prejudiced by the delay.

In a 6-3 decision, the court found in favor of Prodigy Communications Corp., an AT&T subsidiary...
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