Practices
Industries
Industry-Specific Biographies
Education
  • University of Texas School of Law, J.D., 1987
  • University of Texas at Austin , B.A., 1984, History, cum laude
Bar Admissions
  • United States Court of Appeals  Fifth, Sixth and Eleventh Circuit Courts
  • United States District Court Eastern District of Texas, 1995
  • United States District Court Northern District of Texas, 1992
  • United States District Court Western District of Texas, 1990
  • United States District Court Southern District of Texas, 1988
  • Texas, 1987
Languages
Brian S. Martin
Brian S. Martin Photo

Partner
bmartin@thompsoncoe.com
vCard

Houston
One Riverway
Suite 1400
Houston, Texas 77056
713-403-8282 direct  |  713-403-8299 fax
Assistant:
Robin Tucker
713-403-8294 direct
rtucker@thompsoncoe.com
Overview

Brian S. Martin represents clients in insurance coverage matters. His extensive experience includes trials and appeals of general liability, environmental, toxic tort, construction, Director’s & Officer’s liability and bad faith coverage cases. He handles coverage cases nationwide appearing in jurisdictions across the United States. He also frequently testifies as an expert in insurance and bad faith cases.

Brian is a former Chairman of the State Bar of Texas Insurance Section. He has received wide recognition and many awards in Insurance law. Brian has been named Best's Lawyer of the Year (2013),  one of “Texas’ Leading Insurance Attorneys” by Chambers USA (2003-2014); selected as one of “The Best Lawyers in America” in insurance law (2006-2014); listed in “The Guide to the World’s Leading Insurance and Reinsurance Lawyers” (2006-2012); identified in “Who’s Who in Texas Insurance and Reinsurance” (2007-2013); identified in the International Who's Who Legal as among 500 of the World's leading insurance and reinsurance lawyers (2013-2014);  recognized as one of Houston’s Top Lawyers by H Texas Magazine; named one of Houston's Top 100 Attorneys by Texas Monthly (2011-2012); received the 2008 Chambers Award for America’s Leading Lawyers for Business; given the Client Choice Award in the 2014 USA edition of the Client Choice Guide; named a “Texas Super Lawyer” by Law & Politics magazine (2007-2014); a national "Super Lawyer" by Corporate Counsel Magazine (2009-2014); received the ACQ Country Award for Achievement (2009) and is AV-rated by Martindale-Hubbell.

Professional and Community Activities
  • State Bar of Texas, Insurance Law Section
    • Chairman (2008-2009)
    • Chair-Elect (2007-2008)
    • Secretary (2006-2007)
    • Treasurer (2005-2006)
    • Council Member (2001-2005)
    • Chairman of the Reinsurance Committee (2000-2002)
  • State Bar of Texas Mentor Committee (1998-1999)
  • State Bar College
  • American Bar Association (Insurance Coverage Litigation Section, Subcommittees on Products Liability and Bad Faith)
  • Columnist, Insurance Journal magazine (2001-2014)
  • Contributing Editor, LexisNexis’ Texas Annotated Insurance Code (2007-2013)
  • Course Director, State Bar of Texas 7th Annual Advanced Insurance Law Course (2010)
  • Board Member and Contributor to Texas Lawyer magazine's Smart Litigator Online
Speeches and Presentations

Brian has presented or published over 250 speeches, law reviews, papers, columns, and articles on insurance topics, including:

  • KABOOM!  Handling Explosion Claims, 7th Annual Texas Insurance and Tort Law Update (April 10, 2014)
  • Vexing Insurance Litigation Challenges:  Venue, Choice of Law and “Mixed” Coverage, South Texas College of Law (February 13, 2014)
  • Emerging Developments on the Construction Defect Horizon, DRI Insurance Coverage and Practice Symposium (December 13, 2013)
  • Rescuing the Mishandled Claim, 18th Annual Insurance Law Institute, University of Texas School of Law (November 7, 2013)
  • The Good, The Bad & The Ugly: A Meditation on the Ethics of Claims Handling, Texas Insurance and Tort Law Update 2013, Thompson Coe Houston Seminar (March 28, 2013)
  • Insurance Coverage Issues Involving Fracking, 17th Annual Insurance Law Institute, University of Texas School of Law (October 18, 2012)
  • What We Have is a Failure to Communicate: Untimely Notice of a Claim, Settlements Without the Insurer's Consent, and the Making Sense of the Prejudice Ruling, South Texas College of Law (January 20, 2012)
  • Triggering Excess Coverage by Exhaustion, 16th Annual Insurance Law Institute, University of Texas School of Law (November 4, 2011)
  • Ethics Jeopardy with Brian Martin, Christopher Martin and Ernest Martin, 16th Annual Insurance Law Institute, University of Texas School of Law (November 5, 2011)
  • Allocation and Trigger of Coverage, Texas Insurance and Tort Law Update 2011, Thompson Coe Houston Seminar (April 6, 2011)
  • Divine Intervention?: Is There a Prayer for Joint Settlement of Covered Claims in the Wake of Mid-Continent v. Liberty Mutual and Trinity v. Employers Mutual, 15th Annual Texas Insurance Law Symposium, South Texas College of Law (January 22, 2011)
  • Ask the Experts: Q&A with Brian Martin, Christopher Martin and Ernest Martin, 15th Annual Insurance Law Institute, University of Texas School of Law (October 15, 2010)
  • Current Trends and Issues in Texas Trigger and Allocation, 7th Annual Advanced Insurance Law Course, State Bar of Texas (April 8, 2010)
  • Reserving Rights and Denying Coverage, Texas Insurance and Tort Law Update 2010, Thompson Coe Houston Seminar (April 1, 2010)
  • Chipping Away at Mid-Continent: Trinity Universal Insurance Company v. Employers Mutual Casualty Company, Live Webcast of the State Bar of Texas and Insurance Section of the State Bar of Texas (February 11, 2010)
  • Trinity Universal Insurance Company v. Employers Mutual Casualty Company: The Reigning in of Mid-Continent v. Liberty Mutual, State Bar of Texas Live Webcast (January 26, 2010)
  • Allocation and Trigger of Coverage in Texas, 14th Annual Texas Insurance Law Symposium, South Texas College of Law (January 22, 2010)
  • Chinese Drywall Claims, State Bar of Texas Live Webcast (December 9, 2009)
  • When the Policyholder Goes Belly Up: Coverage Disputes in Bankruptcy Court, University of Texas School of Law 14th Annual Insurance Law Institute (October 15-16, 2009)
  • Three’s Company, or Is It? The Tripartite Relationship and it’s Practical Problems, University of Texas School of Law 14th Annual Insurance Law Institute (October 15-16, 2009)
  • The Changing Landscape: Allocation and Trigger Coverage in Texas, Texas Insurance and Tort Law Update 2009, Thompson Coe Houston Seminar ( September 2009)
  • Allocation of Coverage, Advanced Insurance and Tort Claims, University of Houston Law Foundation (August 2009)
  • Business Coverage Update, State Bar of Texas, Insurance Law Section Annual Meeting and CLE (June 25, 2009)
  • Update on Recent Texas Supreme Court Insurance Decisions, Sixth Annual Spring CLE Seminar, Houston Paralegal Association (April 2009)
  • Business Insurance Policy Update, Business Law Course, University of Houston Law Foundation (June 2009)
  • Developments in Allocation of Coverage, Advanced Insurance and Tort Claims, University of
    Houston Law Foundation (April 2009)
  • Scope of Coverage After Mid-Continent and Don's Building, Sixth Annual Advanced Insurance
    Law Course, State Bar of Texas (April 2009)
  • Business Policies in Dangerous Times: The Provisions You Should Know About, University of
    Houston Law Foundation, Advising Businesses in a Troubled Economy (January 2009)
  • Inter-Carrier Relationships After Mid-Continent v. Liberty Mutual, 13th Annual Texas
    Insurance Law Symposium, South Texas College of Law (January 2009)
  • The New Carrier-Insured-Carrier Relationship: The Problem of Multiple Carrier Sharing After Mid-Continent v. Liberty Mutual, University of Texas School of Law 13th Annual Insurance Law Institute (October 22-24, 2008) (Co-Authored with Alix K. Cornett, Ernest Martin, Jr., and Micah E. Skidmore)
  • The Dangers of Mid-Continent v. Liberty Mutual, Inaugural Presentation of the South Texas Insurance Forum of the Gulf Coast Insurance Coverage Group (October 2008)
  • Triple Play: Three New Texas Supreme Court Insurance Decisions, State Bar of Texas Live Webcast (September 24, 2008)
  • The Changing Landscape: Allocation and Trigger Coverage in Texas, Advanced Insurance and Tort Claims, University of Houston (April and June, 2008)
  • The Status of "Trigger of Coverage" in Texas, Fifth Annual Advanced Insurance Law Course, State Bar of Texas (March 2008)
  • Who Pays? Allocation Issues in Insurance, University of Houston Law Foundation (June 2007)
  • Intent, Negligence and Public Policy: Who Do Carriers Pay Punitive Damages?, Fourth Annual Advanced Insurance Law Course, State Bar of Texas (March 2007)
  • Allocation of Coverage, Triggers and Their Effect on Both Claimants and Insurers, Advanced Insurance and Tort Claims Course, University of Houston Law Foundation (March 2007)
  • Reservation of Rights and Waiver/Estoppel Issues, Texas Insurance Law Symposium (January 2007)
  • Setting the Chess Pieces: Preparation and Strategy Considerations in Filing and Prosecuting Coverage Litigation, University of Texas School of Law, 11th Annual Insurance Law Institute (December 2006)
  • What Do I Pay?: Allocation of Coverage and its Effect on Both Claimants and Insurers, Advanced Insurance and Tort Claims, University of Houston Law Foundation (June 2006)
  • How Many Ways Can you Define Allocation?, Third Annual Insurance Law Course, State Bar of Texas (March 2006)
  • “2005 Legislative Update on Insurance,” Journal of Texas Insurance Law (Fall 2005)
  • Common Issues in Coverage Litigation, University of Houston Insurance Law for Attorneys Representing Insurers (October 2005)
  • Insurance/Litigation, Including Overhaul of Workers’ Comp and asbestos/Silica, State Bar of Texas, Legislative Update (August 2005)
  • Environmental Insurance Litigation: 2005 A State By State Case Law Survey, (May 2005)
  • Post Judgment and Gandy Issues; Proving Indemnity, Second Annual Advanced Insurance Law Course, State Bar of Texas (April 2005)
  • Offers of Settlement Under House Bill 4: A Primer, Texas Insurance Law Symposium (February 2005)
  • The Duty to Defend in Transition – A Mock Summary Judgment Argument, University of Texas School of Law, 9th Annual Insurance Law Institute (November 2004)
  • Challenging Experts: The Protocol Use of Robinson/Daubert, 1st Annual Advanced Insurance Law Course, State Bar of Texas (April 2004)
  • Texas Legislative Update: A Walk Through House Bill 4, University of Houston Advanced Personal Injury and Insurance Law (April 2004)
  • Trying the Big Insurance Case, Texas Insurance Law Symposium (January 2004)
  • Legislative Update: Insurance, State Bar of Texas (September 2003)
  • Reservation of Rights: The Insurance Company's Perspective, University of Houston Law Foundation (1998-2003)
  • Commercial Insurance: Boom or Bust? and Occurrences - What, When and How Many? Texas Insurance Law Symposium (January 2002)
  • Coverage for Intentional Acts, University of Texas School of Law 6th Annual Insurance Law Conference (2001)
  • Insurance and Bankruptcy, Tort and Insurance Law Journal (Summer 2001)
  • Concurrent Litigation, University of Texas Law School 5th Annual Insurance Law Conference (2000)
  • Fee Controls and Legal Audits: An Essay on Practical Due Process for Lawyers, Journal of Texas Insurance Law (Winter 2000)
  • Missing Pieces: Trigger and Allocation in Texas, University of Texas School of Law 4th Annual Insurance Law Conference (1999)
  • Auditing Attorneys Fees, Texas Insurance Law Symposia, South Texas College of Law (1999)
  • Audits of Law Firm Bills: The Issues Inside and Out, Insurance Litigation Reporter (July 1999)
  • Bad Faith Litigation, University of Houston Law Center Advanced Civil Litigation Seminars (1996-1998)
  • Bad Faith: Hot Spots and Hot Topics, ABA Insurance Coverage Litigation Section Midyear Meetings (1998)
  • Environmental Liability Coverage, 1998 National Association of Environmental Law Societies, Thurgood Marshal School of Law (April 1998)
  • Liability Coverage: The Duty to Defend in Texas, Texas Insurance Law Symposium, South Texas College of Law (1998)
  • Claims Adjustment: Texas Insurance Code Hazards, Austin Claims Association Program (1997)
  • Lender Liability: Drafting to Avoid It, Real Estate Documents, Workouts and Closings Seminar, University of Houston Law Center (March 1991)
  • Co-author of New Property Attributes in Electronic Information, for the Computer and Information Technology Law Institute, University of Texas School of Law
Professional Recognition
  • Named a 2013 Top Rated Lawyer in Insurance Law by American Lawyer Media and Martindale-Hubbell™
  • Named an Intercontinental Finance Magazine Leading Lawyers 500 
  • Texas' Leading Insurance Attorneys by Chambers USA (2003 - 2014)
  • Best Lawyers in America® in the field of Insurance Law (2006 - 2014), Lawyer of the Year 2013 Insurance Law (Copyright 2013 by Woodward/White, Inc., of Aiken, SC)
  • The Guide to the World's Leading Insurance and Reinsurance Lawyers (2006 - 2011)
  • Law & Politics Magazine's Texas Super Lawyers - Super Lawyer for Insurance Coverage (2007 - 2012)
  • Who's Who in Texas Insurance and Reinsurance (2007 - 2011)
  • Chambers Award for America's Leading Lawyers for Business (2008)
  • Houston's Top Lawyers by H Texas Magazine (2008 - 2011)
  • ACQ Country Award for Achievement in Insurance Law (2009)
  • Houston's Top 100 Attorneys by Texas Monthly (2011)
  • National "Super Lawyer" by Corporate Counsel Magazine (2009 - 2011)
  • "AV" Peer Review Rated by Martindale-Hubbell

Martin, Brian S       

News

Publications

12.06.06

Preparation and Strategy Considerations in Filing and Prosecuting Coverage Litigation

10.12.06

The Rubic's Cube: Allocation of Coverage

Past Events

03.28.13

6th Annual Texas Insurance and Tort Law Update 2013

4.1.2010

Third Annual Texas Insurance and Tort Law Update 2010

04.23.09 - 04.24.09

Four Houston Attorneys to Present at Advanced Insurance and Tort Claims Seminar