FEDERAL INS. CO. v. COMPUSA INC.

No. Civ.A. 3:01CV0593D.

239 F.Supp.2d 612 (2002)

FEDERAL INSURANCE COMPANY, Plaintiff, v. COMPUSA, INC., et al. Defendants.

United States District Court, N.D. Texas, Dallas Division.

June 4, 2002.


Attorney(s) appearing for the Case

James E. Coleman, Jr., Carrington Coleman Sloman & Blumenthal, Dallas, TX, for Fed. Ins. Co.

John A. Gilliam, V. Elizabeth Kellow, Jenkens & Gilchrist, Dallas, TX, for CompUSA, Inc.

Leane Capps Medford, Harold Henson Walker, Jr., Rose Walker, Dallas, TX, for James F. Halpin.


MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

The court must decide in this declaratory judgment action involving a claims-made policy whether the insureds' failure to comply with a condition precedent that they give the insurer written notice of their claim "as soon as practicable" precludes any right to indemnity arising from a county court lawsuit. The court holds that the insureds failed to give such notice, that any actual notice that...

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