Supreme Court of Texas Blog

No. 06-0598
Click for Official Page

PRODIGY COMMUNICATIONS CORP. v. AGRICULTURAL EXCESS & SURPLUS INSURANCE COMPANY, N/K/A GREAT AMERICAN E & S INSURANCE COMPANY AND GREAT AMERICAN INSURANCE COMPANY

Oral argument was held on April 1, 2008. The Court issued an opinion resolving the case on March 27, 2009. It then denied rehearing on August 21, 2009 File Closed

In the news...

Tracking 4 articles about this case.

May 14, 2009

Not So Prodigious: Texas Supreme Court and Late Notice

from Claims Journal

The article also mentions:
  • PAJ, INC. D/B/A PRIME ART & JEWEL v. THE HANOVER INSURANCE COMPANY
  • ULICO CASUALTY COMPANY v. ALLIED PILOTS ASSOCIATION
  • The Court has issued opinions:

    March 31, 2009

    Texas Supreme Court Resolves Late Notice Conundrum Under Claims-Made Policies

    from Law and Insurance

    March 30, 2009

    Texas SC rules against insurer in late claims case

    from Legal Newsline

    March 27, 2009

    Order List for March 27, 2009

    from SCOTXblog

    This article also mentions 12 other cases.

    Opinions

    March 27, 2009

    Jefferson
    Oneill
    Wainwright
    Brister
    Medina
    Green

    Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Green joined. PDF

    Johnson
    Hecht
    Willett

    Justice Johnson delivered a dissenting opinion, in which Justice Hecht and Justice Willett joined. PDF

    Wainwright

    Justice Wainwright delivered a concurring opinion. PDF

    Court of Appeals

    Appellate District:5th Court of Appeals
    Outcome Below:Affirmed
    COA Docket No.:05-05-00442-CV
    Opinion Author:Honorable Mark Whittington

    Trial Court

    Trial Court:191st District Court
    County:Dallas
    Trial Judge:Honorable Catharina Haynes
    Trial Docket:03-7398

    Docket Entries

    Date Event Outcome  
    2009-11-30 Case Stored  
      This case was waiting for a possible rehearing motion between August 21, 2009 and November 30, 2009.  
    2009-08-21 Motion to withdraw disposed of   Filing granted
    2009-08-21 Motion for Rehearing - Disposed Withdrawn
    2009-08-21 Mandate issued  
    2009-08-17 Phone call from Clerk's Office  
    2009-07-30 Motion to withdraw motion for rehearing  
    2009-07-29 Call received  
      This case was waiting for a decision about a pending motion for rehearing between May 29, 2009 and July 29, 2009.  
    2009-05-29 Case forwarded to Court
    2009-05-29 Motion for Rehearing  
    2009-05-18 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2009-05-18 Motion for Extension of Time to File Motion for Rehearing  
    2009-05-15 Call received  
    2009-04-30 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2009-04-29 Motion for Extension of Time to File Motion for Rehearing  
    2009-04-08 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
    2009-04-07 Motion for Extension of Time to File Motion for Rehearing  
    2009-03-27 Opinion issued Court of Appeals' judgment reversed, rendered in part, remanded in part
    2009-03-27 Court approved judgment sent to attorneys of record Issued
    2009-03-27 Concurring Opinion issued. Issued
    2009-03-27 Dissenting opinion issued. Issued
      This case was awaiting the Court's decision after oral argument between November 21, 2008 and March 27, 2009.  
    2008-11-21 Address Change  
      This case was awaiting the Court's decision after oral argument between April 1, 2008 and November 21, 2008.  
    2008-04-01 Oral argument  
    2008-03-31 Motion for leave to file supplemental brief disp.   Filing granted
    2008-03-28 Electronic copies of brief posted to website  
    2008-03-27 Motion for Leave to File Supplemental Brief filed  
    2008-03-27 Supplemental Brief filed (Petitioner)  
    2008-03-26 Amended Brief filed (Respondent)  
    2008-03-25 Pro hac vice motion disposed   Filing granted
    2008-03-25 Pro hac vice motion disposed   Filing granted
    2008-03-21 Pro hac vice motion filed  
    2008-03-21 Pro hac vice motion filed  
    2008-03-19 Motion for leave to file supplemental brief disp.   Filing granted
    2008-03-19 Phone call from Clerk's Office  
    2008-03-18 Phone call from Clerk's Office  
    2008-03-13 Supplemental Brief filed (Respondent)  
    2008-03-13 Motion for Leave to File Supplemental Brief filed  
    2008-03-12 Oral Argument Submission Form from Attorney received  
    2008-01-31 Oral Argument Submission Form from Attorney received  
    2008-01-25 Submission reset   Case set for oral argument
    2008-01-11 Petition for Review disposed Filing granted
    2008-01-11 Petition for Review granted
    2008-01-11 Case set for oral argument   Case set for oral argument
      This case was pending on merits briefs between March 5, 2007 and January 11, 2008.  
    2007-03-05 Electronic copies of brief posted to website  
    2007-02-12 Reply Brief (Petitioner)  
    2007-02-06 Electronic copies of brief posted to website  
    2007-01-26 Brief on the Merits (Respondent)  
    2007-01-10 Motion for Extension of Time disposed.   Filing granted
    2007-01-05 Motion for Extension of Time to File Brief filed  
    2006-12-21 Motion for Extension of Time disposed.   Filing granted
    2006-12-19 Motion for Extension of Time to File Brief filed  
    2006-12-07 Electronic copies of brief posted to website  
    2006-12-07 Case Record Filed  
    2006-12-04 Brief on the Merits (Petitioner)  
    2006-11-27 Electronic copies of brief posted to website  
    2006-11-14 Electronic copies of brief posted to website  
    2006-11-14 Electronic copies of brief posted to website  
    2006-11-13 Record Requested in Petition for Review
    2006-11-03 Brief on the Merits Requested  
      This case was waiting for a decision about briefing or a possible grant between August 31, 2006 and November 3, 2006.  
    2006-08-31 Reply to Response (Petitioner)  
    2006-08-21 Motion for Extension of Time to File Response disposed   Filing granted
    2006-08-18 Designation of Lead Counsel  
    2006-08-18 Response to Petition (Respondent)  
    2006-08-15 Motion for Extension of Time to File Response  
    2006-08-15 Case forwarded to Court
    2006-07-14 Petition for Review (Petitioner)  
    2006-07-14 Appendix Filed (Petitioner)  

    Parties

    Party Counsel Role
    Prodigy Communications, Inc.
    Mr. Charles C. Keeble Jr.
    Mr. Werner A. Powers
    Petitioner
    Agricultural Excess & Surplus Insurance Company
    Mr. Wade Caven Crosnoe
    Mr. Joseph J. Borders
    Mr. Paul F. Matousek
    Ms. Jo Allison Stasney
    Mr. J. Richard Harmon
    Respondent
     
     
    ...
    ...