Ray Kutch provides representation and counsel to the insurance industry on a broad range of matters, including insurance coverage and extra-contractual litigation, prosecution of declaratory judgments, and reinsurance disputes in state and federal courts throughout the United States.
He has served as counsel in numerous insurance matters, class actions, and appeals.
Ray regularly assists insurance and commercial clients with complex issues in litigation, including jurisdictional challenges, summary judgments, expert challenges, mandamus relief, the jury charge, and post-trial motions.
Clients value Ray’s ability to navigate intricate procedural and insurance coverage issues. Ray’s record of accomplishments goes beyond prevailing in litigation. He frequently provides regulatory and advisory coverage opinions for insurers and gives advice on how to avoid future litigation.
Before entering private practice, Ray served as a law clerk for the appellate division of the United States Attorney’s Office for the Southern District of Texas and a judicial intern for the Texas First Court of Appeals.
ERISA
In addition to his insurance coverage practice, Ray has extensive experience defending ERISA lawsuits, and he regularly advises employee welfare benefit plans and third-party administrators, during both the administrative review process and litigation.
Representative Experience
Obtained favorable ruling reversing trial court’s order to produce insurer’s confidential documents prepared in anticipation of litigation
In re Mountain Valley Indem. Co., No. 09-22-00207-CV, 2022 WL 16842909, at *1 (Tex. App.—Beaumont Nov. 10, 2022, no pet. h.)
Obtained judgment that was affirmed on appeal regarding a highly complex life insurance policy being used as an investment vehicle.
Sentry Equities, Ltd. v. Allstate Life Ins. Co., No. 22-20024, 2022 WL 16549210, at *1 (5th Cir. Oct. 31, 2022).
Obtained dismissal of all claims regarding a claim for benefits under a Group Accident Policy on behalf of a plan administrator. The court held that the plaintiff did not exhaust its administrative remedies under the plan and did not qualify for the futility exception to ERISA’s exhaustion requirement.
Rodolfo Garza, et al., v. Zurich American Insurance Company, et al. 1:18-cv-00163 (S.D. Tex. July 18, 2019)
Prevailed on summary judgment on behalf of an insurance company regarding commercial property loss claims under a builder’s risk policy.
Spih Tyler, LLC v. Liberty Mut. Ins. Co., 3:17-CV-1292-L, 2018 WL 3956443, at *1 (N.D. Tex. Aug. 17, 2018)
Prevailed in a declaratory judgment action regarding a dispute of Errors & Omissions coverage for an insurance agent.
Those Certain Underwriters at Lloyd’s, London Subscribing to Policy No. PDB0327 v. Jessica Hernandez, Brook Agency Services Company, LLC, and Ivy Flemon d/b/a House of Prayer Ministries, Cause No. 2015-57000, (129th District Ct., Harris County, Tex. Aug. 22, 2017
Obtained complete dismissal on behalf of a Korean battery manufacturer due to lack of personal jurisdiction.
Ethridge v. Samsung SDI Co., Ltd., No. 3:21-CV-306, 2022 WL 2920429 (S.D. Tex. July 26, 2022)
Handled dispositive briefing in De Jongh v. State Farm Lloyds, 664 Fed. Appx. 405, 406 (5th Cir. 2016) that resulted in the dismissal of plaintiff’s claims due to post-verdict forum manipulation. The Fifth Circuit affirmed the favorable result.
Handled the briefing on a motion summary judgment in the District Court for the Southern District of Texas on a multi-million dollar breach of contract case between an insurance agent and insurer involving a dispute over a master servicing agreement resulting in the dismissal of the plaintiff’s causes of action.
Milton O Johnston & Company, LTD., v. NGM Insurance Company, et al., 4:14-cv-00288, (S.D. Tex. June 3, 2015)
Provide trial appellate assistance for various trial teams ranging from the preparation of the jury charge to post-trial briefing.
Frequently assist clients with jurisdictional challenges in federal court. Including, but not limited to, issues regarding, improper joinder, snap removal, voluntary-involuntary rule, and federal question jurisdiction.
Integral member of Thompson Coe’s Class Action team.
Prevailed on summary judgment on behalf of a commercial property insurer.
Anne Mead v. USAA, et al. 2017-35495, (165th District ct., Harris County, Tex. June 14, 2018)
Professional Recognition
Listed for Insurance Coverage
Related Resources
Related Services
Publications & Speaking Engagements
Education, Admissions & Activities
Education
South Texas College of Law
J.D., 2009
Law Review Assistant Note and Comment Editor
Bodman Foundation Award for Best Law Review Article on Natural Resource Law
Academic Merit Scholarship
Florida State University
B.S., cum laude, 2006
Anthropology
Bright Futures Academic Scholarship
Dean's List
Bar Admissions
Washington
2019
Texas
2010
Court Admissions
United States Court of Appeals, Fifth Circuit
United States District Court of Texas
Northern, Southern, Eastern, Western
Professional and Community Activities
Kids In Need of Defense (KIND)
Volunteer Attorney
Texas Bar Foundation
Houston Bar Association
Professionalism Committee & Lawyers for Literacy member
Houston Women's Soccer Association
Over 30 co-ed team – Pingviner
United Against Human Trafficking
United We Dream