5th Circuit: Reinsurer’s Late Notice Of Litigation Constitutes Prejudice

( August 28, 2025, 9:08 AM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals reversed and remanded a Texas federal court’s ruling in a reinsurer’s appeal of a $2,866,423.97 judgment that includes attorney fees, ruling that an insurer’s months-late notice of its involvement in underlying class action litigation constituted a material breach of its quota share treaty with the reinsurer and violated the contract’s notice provision, depriving the reinsurer of its right to participate in the defense and establishing prejudice as a matter of law....