Rodrigo (Diego) Garcia Jr.

Texas Board of Legal Specialization

Board Certified in Insurance Law

Diego Garcia has advised and represented insurers in numerous types of coverage disputes, including litigation involving environmental pollution, construction defects, product liability, directors and officers insurance coverage, property insurance, and coverage issues involving asbestos and silica personal injury claims.

He led the pre-litigation investigation involving a massive environmental coverage claim by a major oil refiner and distributor. As a result of the investigation, the case settled on favorable terms for insurer client. Diego assisted in the briefing of the insurance coverage issues for the Phase II trial in Exxon Corp. v. INA, et al., one of the largest environmental coverage cases in U.S. The case settled on favorable terms for insurer client.

Diego is recognized as a leading attorney in Chambers and Partner’s as a Leading Lawyer in America for Insurance.

Representative Experience

Represented appellant in complex insurance coverage case involving dispute between primary insurer and excess insurer concerning exhaustion of policy limits.

United States Fire Ins. Co. v. Scottsdale Ins. Co., 264 S.W.3d 160 (Tex. App. – Dallas 2008)

Obtained favorable order defeating a Motion to Dismiss in the Northern District of Texas holding that injured parties are appropriate defendants in federal declaratory judgment actions brought by insurers even if they have not yet obtained a judgment against the insured.

Crum & Forster Specialty Insurance Company v. Smallwood et al., No. 4:23-CV-01079-P, 2024 WL 3049850 (N.D. Tex. 6/18/24)

Assisted insurance carriers in coverage opinions for insurer client involving construction defect litigation, environmental pollution litigation, toxic tort litigation, product liability litigation, personal injury litigation, employment wrongful act claims, and director and officer wrongful acts claims arising in numerous jurisdictions across the United States.