Reported Insurance Cases

­­­­INSURANCE COVERAGE / INSURANCE LITIGATION

  • Successfully defended summary judgment in favor of commercial property insurer based on argument that timely payment of the appraisal award precluded insured’s breach of contract and extracontractual claims. Mainali Corp. v. Covington Spec. Ins. Co., 872 F.3d 255 (5th Cir. 2017).
  • Successfully defended summary judgment in favor of liability insurer based on lack of “advertising injury” coverage for intellectual property claims. Laney Chiropractic & Sports Therapy, P.A. v. Nationwide Mut. Ins. Co., 866 F.3d 254 (5th Cir. 2017).
  • Successfully defended a multi-million dollar judgment in favor of auto insurers in RICO action against telemarketing companies, chiropractic clinics, and affiliated law offices. Allstate Ins. Co. v. Plambeck, 802 F.3d 665 (5th Cir. 2015).
  • Successfully defended $16.6 million judgment in favor of  reinsurer on tortious interference claim and obtained reversal of summary judgment against reinsurer as to fiduciary duty claims. Lincoln Gen. Ins. Co. v. U.S. Auto Ins. Servs., Inc., 787 F.3d 716 (5th Cir. 2015).
  • Successfully defended summary judgment in favor of disability insurer in DTPA and Texas Insurance Code suit. Tolbert v. Nat. Union Fire Ins. Co. of Pittsburgh, 657 F.3d 262 (5th Cir. 2010).
  • Obtained favorable ruling that insurer could maintain contribution claim against co-insurer to recover proportionate share of costs to defend common insurered. Trinity Univ. Ins. Co. v. Emp’rs Mut. Cas. Co., 592 F.3d 687 (5th Cir. 2010).
  • Successfully defended summary judgment for insurer in action to collect life insurance proceeds. Cantu v. Jackson Nat’l Life Ins. Co., 579 F.3d 434 (5th Cir. 2009).
  • Obtained reversal of damage award against liability insurer based on defamation exclusion in policy. Chrysler Ins. Co. v. Greenspoint Dodge of Houston, Inc., 297 S.W.3d 248 (Tex. 2009). 08-0780
  • Secured affirmance of summary judgment on contractual and extra-contractual claims against  homeowner’s insurer based on payment of appraisal award. Zhu v. First Community Insurance Co., 543 S.W.3d 428 (Tex. App.—Houston [14th Dist.] 2018, pet. filed). 14-16-00226-CV
  • Obtained reversal and rendition of judgment in favor of insurer in claim filed by third-party seeking coverage under an insurance policy. Landmark Am. Ins. Co. v. Eagle Supply & Manufacturing, L.P., 530 S.W.3d 761 (Tex. App.—Eastland, 2017 no pet.). 11-14-00262-CV
  • Secured reversal of summary judgment rendered against insurer upon determination that the policy did not provide coverage as a matter of law. Am. Risk Ins. Co., Inc. v. Serpikova, 522 S.W.3d 497 (Tex. App.—Houston [14th Dist.] 2016, pet. denied). 14-14-00859-CV
  • Obtained mandamus relief and order severing insurance claims from underlying liability suit. In re Essex Ins. Co., 507 S.W.3d 418 (Tex. App.—Houston [1st Dist.] 2016, orig. proceeding). 01-16-00552-CV
  • Obtained reversal of summary judgment in favor of insured on breach of contract claim under commercial property policy. U.S. Fire Ins. Co. v. Lynd Co., 399 S.W.3d 206 (Tex. App.—San Antonio 2012, pet. denied). 04-11-00347-CV
  • Obainted modification of judgment for excess insurer on subrogation claim and reduction of recoverable defense costs. U.S. Fire Ins. Co. v. Scottsdale Ins. Co., 264 S.W.3d 160 (Tex. App.—Dallas 2008, no pet.). 05-06-01138-CV
  • Obtained reversal and rendition of judgment in favor or primary and excess liability insurers because neither owed a duty to defend as a matter of law. KLN Steel Prods. Co., Ltd. v. CNA  Ins. Co., 278 S.W.3d 429 (Tex. App.—San Antonio 2008, pet. denied). 04-07-00830-CV