Travelers Property Casualty Company of America, a Connecticut Company v. Stresscon Corporation, a — Marquez, J…

Summary

Justice Marquez dissents from the majority's categorical rule that an insured who violates a no-voluntary-payments clause by settling without the insurer's consent can never recover settlement benefits. She would apply a notice-prejudice framework: the breach creates a rebuttable presumption of prejudice, but the insured may rebut it and the insurer must then prove actual prejudice. Justices Hood and Gabriel joined the dissent.