Insurance Law

       - First Part and Coverage Cases

       - Insurance Fraud and Premium                Litigation

       - Third Party Defense: Tort and                  Personal Injury Litigation

       - Appeals

Commercial Litigation

Administrative Law

Construction Law

Employment Law

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

• 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 multiline commercial carrier in defense of bad faith/DTPA claim relating to claims handling of workers’ compensation indemnity and medical claim. Pretrial investigation revealed that claimant had been working in heavy manual labor jobs “off the books” and filed unemployment claim and EEOC discrimination claim swearing under oath that he was able to work during time of alleged total disability. Negotiated dismissal with prejudice and partial reimbursement of defense costs from plaintiff’s lawyer before trial.
  
  
• 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 multiline insurer in Commercial Auto coverage/bad faith litigation alleging wrongdoing and fraud on the part of staff counsel employed to represent policyholder.
  
  
• Represented major life insurer in litigation over alleged change in beneficiaries and oral promise to change beneficiary designations.
  
  
• 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, errors and omissions, directors and officers, construction, and healthcare policies. We also have worked on fronting policies and reinsurance matters.
  
  
• Advised numerous insurers on their duty to defend, drafted appropriate reservation of rights or denial letters, and filed declaratory judgment actions as necessary. In addition, we have counseled our insurance clients on matters related to coverage, such as potential bad faith, DTPA, Insurance Code, and Stowers claims

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

• 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.

Appeals

Our attorneys have an excellent record in our appellate work in both state and federal courts. Our recent work on behalf of insurance clients includes these appeals:

• Performance Improvement v. State Farm Lloyds, 974 S.W.2d 135 (Tex.App.– San Antonio 1998, rev. denied) (reversing $2 million jury award, rendering take nothing judgment, and holding that screening job applicants was a “professional service” and thus excluded from coverage under a Texas CGL policy);
  
  
• Butler Weldments, et al. v. Liberty Mutual Insurance Company, et al., 3 S.W.3d 654 (Tex.App.– Austin 1999, no writ) (affirming dismissal on special exceptions of putative class action against all Texas workers’ compensation carriers for wrongfully delaying payment of 1993 and 1994 residual market pass-through amounts to policyholders);
  
  
• Martin Marrieta v. St. Paul Fire & Marine Insurance Company, 2002 WL 261437 (5th Cir. 2002) (affirming summary judgment that St. Paul had no duty to defend allegations against policyholder because the diversion and capture of water did not constitute an accident or “occurrence”).