Insurance Law

Our practice focuses on Texas insurance matters, primarily coverage, extra-contractual, and premium litigation, and on related appeals. We also advise our insurance clients on coverage and extra-contractual issues, handle administrative hearings and appeals, and defend class actions on premium overcharge and coverage issues.

We bring years of experience to bear on these matters. Whether the assignment is as simple as defending a third-party liability claim or as complex as unraveling a sophisticated scheme to defraud the insurer, we have the experience and determination to attain the best possible result for our clients.

First-Party and Coverage Cases

    • Serve as outside coverage counsel for insurers, evaluating and advising carriers on various duty to defend and indemnity obligations, drafting reservation of rights and denial letters and filing declaratory judgments when necessary. In addition, we counsel our insurance clients on matters related to coverage, such as bad faith, DTPA, Insurance Code and Stowers claims.
    • Obtained unanimous defense verdict for carrier in bad faith suit alleging improper denial of claim for an unwitnessed knee injury. Despite medical testimony supporting the claimant’s position, the jury found that the dispute of the claim was reasonable based on information developed in discovery that the claimant had previous claims for a knee injury and had failed to note any work injury in his daily job logs.
    • Obtained summary judgment on coverage and bad faith claims brought by policyholder who contended his policy provided coverage for Oklahoma workers’ compensation benefits awarded from a Texas accident.The court found that the plain language of the policy limited the coverage to Texas benefits and rejected authority from other states suggesting that the carrier should be required to pay the equivalent of Texas benefits toward the Oklahoma award.
    • Obtained summary judgment on bad faith claim contending that a carrier wrongfully disputed coverage for an injury, causing the claimant to lose vision in one eye. The court found that the claimant’s evidence did not demonstrate any injury separate and independent from the injury covered by the policy, thus defeating any action for bad faith.
    • Obtained jurisdictional dismissal of Insurance Code suit brought against Third Party Administrator for a school district. The court found that the TPA was entitled to the bar of sovereign immunity as the agent of the school district.
    • Obtained summary judgment for carrier in a declaratory judgment action regarding duty to defend and indemnify policyholder from claim for damages not covered by policy.
    • Represented multiline commercial insurer in CGL coverage dispute with general contractor involving multiple fatality wrongful death claim. Instituted declaratory judgment action relating to additional insured clause of a project subcontractor’s CGL policy and obtained summary judgment determining that subcontractor’s insurer had primary coverage for claim.
    • Represented intergovernmental risk pool in coverage dispute with excess carrier over liability for unpaid health claims. Negotiated full payment of claims for risk pool, along with partial recovery of attorney’s fees through settlement with excess carrier and E&O carrier for independent insurance agent.
    • Represented commercial insurer in bad faith, DTPA, Insurance Code and coverage lawsuit relating to coverage of multiple death and injury claims resulting from commercial trucking accident and explosion. Presentation of coverage analysis led plaintiff to voluntarily dismiss all coverage claims. Obtained preliminary ruling demonstrating inapplicability of bad faith cause of action to the facts alleged, leading plaintiff to voluntarily dismiss all bad faith claims. Obtained additional partial summary judgment on DTPA claims, leading to nuisance value settlement.
    • Multiple representations involving coverage, DTPA and Insurance Code claims related to the use of unapproved policy forms and endorsements.
    • Represented numerous insurers on Texas coverage matters, including issues involving commercial general liability, property, automobile, homeowner’s, excess, professional liability, errors and omissions, directors and officers, construction, and healthcare policies. We also have worked on fronting policies and reinsurance matters.

Insurance Fraud & Premium Litigation

    • Represented insurance carrier in premium fraud litigation against numerous staff leasing companies. Obtained first reported decision establishing viability of fraud claims in staff leasing context.
    • Represented insurance carrier in numerous collection/premium fraud cases involving the use of sham subcontractor agreements to avoid liability as an employer under the Texas Workers’ Compensation Act.
    • Represented national multiline carrier in premium litigation related to the failure to attach proper experience rating endorsements to the policies.
    • Defended major telecommunications company in action for premium brought by receiver for insolvent insurance company.
    • Defended multiline carriers in nationwide class-action premium litigation related to alleged overcharges in retrospectively rated workers’ compensation policies.
    • Represented national carrier in complex premium litigation in New Mexico involving retrospectively-rated workers’ compensation policies, as well as related claims for bad faith and insurance code violations. Handled all appellate issues through the New Mexico Supreme Court and litigated various proceedings remanded to trial court.
    • Represented carriers in administrative proceedings relating to premium issues.

Third Party Defense – Tort and Personal Injury Litigation

    • Obtained unanimous jury verdict finding that survivor of 10 fatality accident was not entitled to Lifetime Income Benefits, despite amputation of one leg and injury to one arm. The jury found that the worker was able to get and keep employment requiring the use of his injured arm.
    • Represented commercial real estate agent in negligence/misrepresentation case. Two-week jury trial returned defense verdict. Trial court ordered cross-defendant to reimburse real estate agent $40,000 in attorney fees based on listing agreement.
    • Represented small telecommunications company in negligence case relating to failure of customer phone system and service.