Jo Allison (Jody) Stasney

Texas Supreme Court

Significant Decision on Exception to 'Eight Corners' Rule

Jody Stasney provides direct representation of insurance carriers in matters of coverage and bad faith. She advises insurers at the state and national level, regularly rendering coverage opinions and litigating coverage issues and bad faith.

Jody has significant experience in all lines of commercial insurance, including general liability, excess/umbrella liability, property, auto and professional liability. Jody has also handled a number of coverage issues arising under the liability portions of the homeowner’s policy. She also regularly serves as monitoring/coverage counsel for excess insurers, advising them on the potential liability and exposure under their policies. Related to this aspect of her practice, Jody also advises insurers in matters involving the Stowers doctrine. She frequently analyzes coverage issues related to risk-shifting schemes, such as indemnity agreements and additional insured requirements, in the various industries in which those issues arise. Jody has analyzed many risk-shifting schemes in the energy industry, including those governed by the oilfield anti-indemnity statutes of Texas and Louisiana.

Insurers regularly invite Jody to speak to claims professionals on topics of coverage and extra-contractual liability. She also serves as a co-editor of the Insurance Coverage and Litigation Section e-mail blast case updates.

Representative Experience

Obtained summary judgment for professional liability insurer (attorney E&O) involving novel issue of claims-made coverage in Texas.

Obtained plea to the jurisdiction for insurer under policy including general liability and commercial property coverage for lack of standing to sue insurer for recovery of either coverage.

Obtained plea to the jurisdiction for insurer where plaintiffs asserted a direct action Stowers claim under prior statute despite Texas Supreme Court and Federal District Court authority in plaintiff’s favor.

Obtained summary judgment in Arizona federal court for insurer against co-insurer for additional insured coverage in construction defect case involving 900 homes.

Obtained summary judgment for insurer for claims against condominium owners association by condominium owners for mishandling hurricane damage.

Coverage and litigation counsel in various types of professional liability claims, resulting in favorable settlements.

Coverage, litigation and appellate counsel involving enforceability of an indemnity agreement.

Excess monitoring counsel in multiple lawsuits involving construction defects, construction accidents, oilfield accidents, product liability, and auto liability, obtaining favorable settlements.

Coverage and litigation counsel in Hurricane Katrina, Dolly and Ike claims.

Coverage and monitoring counsel in nationwide pharmaceutical litigation, resulting in favorable settlement for an insurer under an international policy program.