Mary-Ellen King
Austin
512-827-2305
Mary-Ellen King is a multi-faceted, results-driven, and strategic leader and litigator with 21+ years of experience in leading both legal and management operations. She has a strong history in identifying issues, advising clients, assisting clients in capitalizing on areas of opportunity, advising clients on litigation avoidance, leading internal training efforts, developing effective teams and efficient processes, dispute resolution, litigation management, and trying cases.
Her primary focus is complex insurance, commercial, business, general civil, and real estate litigation. She has extensive experience in representing insurers and insurance companies in complex litigation matters in the states of Texas, Louisiana, and Alabama and federal courts nationwide. She has a history of being an aggressive and professional litigator with proven success in attaining favorable settlements where possible. If no settlement is possible, she has a proven track record of obtaining favorable results via motion practice and trial.
Mary-Ellen has expansive experience in large loss insurance defense litigation, mass tort litigation, catastrophe litigation, and insurance coverage litigation. Mary Ellen handles all stages of litigation and has litigated hundreds of cases for insurers and insureds nationwide after Hurricanes Charley, Frances, Jeanne, Ivan, Dennis, Katrina, Rita, Wilma, Ike, and Sandy. She advises clients on the existence of insurance coverage related to the handling of insurance claims. Mary Ellen litigates insurance coverage disputes and extra-contractual liability lawsuits involving the duty of good faith and fair dealing, Stowers liability, the Texas Insurance Code, and the Deceptive Trade Practices Act. Ms. King has a long history of representing multiple National Flood Insurance Program Write-Your-Own carriers following major flooding events.
From 2017-2020, Mary-Ellen served as in-house counsel for a Texas political subdivision, where she managed internal litigation and outside counsel in various types of litigation matters, focusing on eminent domain litigation and real estate disputes.
As a service to her clients, Mary-Ellen provides seminars and training on a variety of topics related to business operations, risk management, claims management, and litigation.
Litigation
Mary-Ellen has expansive experience in large loss insurance defense litigation, mass tort litigation, catastrophe litigation, and insurance coverage litigation. Mary-Ellen handles all stages of litigation and has litigated hundreds of cases for insurers and insureds nationwide after Hurricanes Charley, Frances, Jeanne, Ivan, Dennis, Katrina, Rita, Wilma, Ike, Sandy, and Harvey.
She advises clients on the existence of insurance coverage related to the handling of insurance claims under commercial general liability, automobile, homeowners, personal and commercial property, and Standard Flood Insurance Policies. Mary-Ellen litigates insurance coverage disputes and extra-contractual liability lawsuits involving the duty of good faith and fair dealing, Stowers liability, the Texas Insurance Code, and the Deceptive Trade Practices Act. Mary-Ellen has a long history of representing multiple National Flood Insurance Program Write-Your-Own carriers following major flooding events.
From 2017-2020, Mary-Ellen served as in-house counsel for a Texas political subdivision where she managed internal litigation and outside counsel in various types of litigation matters with a focus on eminent domain litigation and real estate disputes.
Consulting & Training
As a service to her clients, Mary-Ellen provides seminars and training on a variety of topics related to business operations, risk management, claims management, and litigation.
Representative Experience
In December 2023, successfully briefed and won a Motion to Transfer Venue in the Eastern District of Louisiana where a contractual venue existed.
In 2023, obtained a $0 defense jury verdict in the Eastern District of Texas, Sherman, in a first party property insurance coverage case stemming from damage as a result of Winter Storm Uri.
In 2021, she was on the trial team and was responsible for drafting the opposition that successfully defeated a Rule 12(b)(6) Motion to Dismiss in the Eighth Judicial District Court of Clark County, Nevada.
In 2016, obtained a $0 defense jury verdict in Travis County in a minor impact auto collision with Stowers implications.
In 2016, obtained a favorable defense verdict in a Burnet County, Texas bench trial where the plaintiff was seeking over $1 million dollars for injuries and lost wages related to a head on collision on Highway 281.
In 2015, obtained a favorable defense verdict in a first party underinsured motorist bystander injury case. Plaintiff sought damages in excess of $1 million, and the jury returned a verdict of just over $50,000 – approximately what had been tendered prior to the start of trial. Plaintiff’s counsel was a well-known reptile theory litigator, and Mary-Ellen successfully fended off the reptile tactics with a comprehensive motion in limine and artful trial objections.
In 2016, Mary-Ellen, serving as national counsel for a National Flood Insurance Program Write-Your-Own Carrier, successfully defended and dismissed Plaintiff’s breach of contract and extra-contractual claims, including common law fraud claims against the carrier. Plaintiff claimed that the insurer misrepresented the value of his home in its initial quote and renewal notices – representing to him that the cost to replace his home would be at least what was stated in the notice. The court ruled in favor of the carrier and in doing so recognized that the coverage limit stated in the renewal notices was not a material representation and that by its own terms, the policy was not a valued policy.
In September 2023, successfully set aside a default judgment entered in Burnet County Texas against client in a first party property claim.
In 2023, obtained a motion for summary judgment in the Southern District of Texas on a statute of limitations argument in a first party property insurance coverage case.
Mary-Ellen has successfully removed hundreds of cases to federal courts nationwide on the basis on federal question and diversity jurisdiction. In doing so, she has also successfully defeated motions to remands filed by the non-removing parties.
In 2007, she obtained a successful dismissal of a substantial portion of Plaintiff’s claims in the Eastern District of Louisiana. Plaintiff was seeking state law-based claims, federal common law claims, constitutional challenges to the National Flood Insurance Act for violation of the non-delegation clause and claims under the Federal Tort Claims Act. The court based its dismissal on the Fifth’s Circuit decision in Wright v. Allstate and the intelligible principle doctrine.
In 2007, Mary-Ellen obtained a favorable motion for summary judgment result for her insurer client in the Southern District of Alabama. She argued and successfully won a MSJ precluding a fraud claim based on misrepresentations by the insurance adjuster against a WYO Program Carrier. At the time, this was the first case of its kind in the federal of Alabama where the court ruled in favor of the WYO Program Carrier. The court also granted a motion for summary judgment for failure to file a proof of loss based on the 11th Circuit’s ruling in Shuford v. Fidelity.
Prior to the 11th Circuit’s ruling in Shuford, Mary-Ellen argued and successfully won a motion for summary judgement precluding Plaintiffs’ recovery for failure to meet the conditions precedent to filing a lawsuit.
Professional Recognition
Listed for Commercial Litigation, Insurance Law
Listed for Civil Litigation
Rotarian of the Year
Silver Client Champion Rated
AV Preeminent Peer Review Rated
Related Resources
Bad Faith Insurance Boot Camp: From Claims to Litigation
Mary-Ellen King, Jennifer M. Kearns
Related Services
Publications & Speaking Engagements
Education, Admissions & Activities
Education
University of Alabama School of Law
J.D., 2002
University of Alabama
B.A., 1999
Bar Admissions
Texas
2009
Louisiana
2006
Alabama
2002
Court Admissions
United States Court of Appeals
Fifth and Eleventh Circuit
United States District Court of Texas
Northern, Southern, Eastern, Western
United States District Court of Alabama
Middle, Northern, Southern
United States District Court of Louisiana
Eastern, Middle, Western
Professional and Community Activities
Bar Association of the Fifth Federal Circuit
Louisiana Association of Defense Counsel
Texas RioGrande Legal Aid
Board member, 2021
Westlake Chamber of Commerce
Women’s Symphony League of Austin
Board member, New Member Coordinator
Rotary Club of Austin Westlake
Rotary International
Paul Harris Fellow
Austin Bar Association
Executive Committee, Treasurer 2021-2022; Board of Directors, 2019-2021; Director of the Year, 2019-2020; Leadership Academy Member, 2013; Judicial Reception Committee Chair, 2010-2014; Solo Small Firm Section Chair, 2013-2014; Vice Chair 2012-2013, Programming Committee Chair, 2011-2012
Austin Bar Foundation
Gala Co-Chair, 2019-2021
Austin Young Lawyers Association
Board member, 2013-2014; Outstanding Young Lawyer, 2012
Dripping Springs Rotary Club
President 2015-2016; Foundation Chair, 2016-2017
Claims and Litigation Management Alliance (CLM)
President, Austin Chapter