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ADDITIONAL INSURED CASE LAW
National Union Fire Ins. Co. of Pittsburg, PA v. Crocker, No. 06-0868 (Tex. Feb. 15, 2008)(Justice Willett)
(insurance coverage, additional insured, notification)
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA v. BEATRICE CROCKER; 5th district
The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit.
Justice Willett delivered the opinion of the Court.
GARRY JENKINS v. STATE AND COUNTY MUTUAL INSURANCE COMPANY; from Tarrant County; 2nd district
(02-08-00279-CV, 287 SW3d 891, 06-11-09, pet. denied Sep. 2009)
as redrafted (default judgment against additional insured, is insurer liable in the absence of notice?)
This is a suit by a judgment creditor to collect a default judgment under an automobile liability policy. It is
undisputed that the additional insured against whom the default judgment was rendered failed to notify the
insurer of the lawsuit filed against him. It is further undisputed that the insurer had actual knowledge of the suit.
The question is whether the insurer is liable for the default judgment rendered against the additional insured.
We answer "no" and affirm the trial court's grant of summary judgment in favor of the insurer.