Tommy Spitaletto (Partner-Dallas, TX) successfully argued the summary judgment motion in the District Court and the Fifth Circuit oral argument on appeal by plaintiff (an appellant-judgment creditor), who sued our carrier-client over a $1.6 million judgment against its insured, which resulted from an underlying personal injury lawsuit. The carrier had denied coverage because the insured failed to request a defense. The plaintiff argued that the policy does not expressly require an insured to “request” a defense, that our client had knowledge of the underlying lawsuit because it was defending another defendant in the same case, and that its insured had in fact forwarded a copy of the Petition. The appellant challenged the District Court’s summary judgment dismissal of his claims as a third-party beneficiary/judgment creditor. Relying on the Texas Supreme Court’s Crocker opinion and others, the Fifth Circuit affirmed summary judgment, finding that the insured must not only forward suit papers but also request a defense, which in this case did not occur. The court also rejected another argument by the appellant that prejudice was required.