Dallas Attorneys Prevail in Agency Malpractice Suit
Feb 19, 2020
Dallas attorneys Jason Jobe and Ben Weible successfully defended an insurance agency in a malpractice-based trial in Dallas County. The plaintiff sought damages in excess of $700,000 through claims of alleged violations of the Texas Deceptive Trade Practices Act and the Texas Insurance Code.
The plaintiff was a general contractor for a large residential construction project who sought to recover out-of-pocket expenses incurred remediating alleged defects in foundation work performed by a subcontractor. Jason and Ben represented the subcontractor’s insurance agent, whom the plaintiff sued based upon a lack of additional insured coverage. Although the agency issued a certificate of insurance indicating the subcontractor had general liability coverage with the plaintiff as an additional insured, it was discovered after the subcontractor tendered a claim that (for unknown reasons and without the agency’s knowledge) the policy was never actually bound. The plaintiff, who was provided a copy of the certificate by the agency, claimed it was damaged by its reliance on the representation that coverage existed when hiring the subcontractor.
Jason and Ben overcame these clearly unfavorable facts through the evidence and legal argument to obtain a complete defense finding in favor of their client. This is another victory for Thompson Coe’s professional liability section.