FDIC v. Barham

In FDIC v. Barham, 995 F2d 600 (5th Cir, 1993), the contract required that notice of "facts and circumstances relating to specific wrongful acts having the potential to give rise to a claim" be sent to the insurer. The insured gave no written notice of wrongful acts but rather the insurer received constructive notice through a third party investigation. The court held that a sufficient notice was one stating specific acts which have claim potential. Id at 605.