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Insurance Coverage
The firm has a broad-based insurance coverage practice
representing both primary and excess insurers among all first-party
and third-party commercial and personal coverage lines. The firm's
insurance coverage practice attorneys have been directly involved in
the handling of some of the most significant and complex insurance
coverage litigation in Texas. From the multi-million dollar
insurance coverage lawsuit to the single-question coverage opinion,
the attorneys in the firm's insurance coverage practice area combine
the knowledge and experience specific to the practice of insurance
coverage with the trial lawyer's mentality. It is this philosophy
that has enabled the firm's insurance coverage attorneys to obtain
favorable results on behalf of the firm's clients for the last
several decades.
In recent matters, the firm has:
- Obtained a transfer of venue from Jefferson County, Texas
to Harris County, Texas as lead counsel for the joint defense in
an asbestos insurance coverage action involving more than 30
years of coverage and an allegation of liability in excess of
$100 million. Cause No. 2003-03653; Kellogg Brown & Root,
Inc. v. AIU Insurance Company, et al., 11th Judicial District
Court, Harris County, Texas.
- Obtained an abatement and dismissal as lead counsel for the
joint defense in a multi-million dollar asbestos insurance
coverage action filed in Jefferson County, Texas. Cause No.
D-156,875, General Electric Company v. Adriatic Insurance
Company, et al., 136th Judicial District Court, Jefferson
County, Texas.
- Obtained a take nothing judgment and award of $500,000 in
attorneys' fees following a jury trial in an insurance coverage
action involving claims-made professional liability insurance
coverage. Cause No. 6:03CV270; Executive Risk Indemnity v
Memorial Health System of East Texas, United States District
Court for the Eastern District of Texas, Lufkin Division.
- Argued the case of Mid-American Indem. Ins. Co. v. King, 22
S.W.3d 321 (Tex. 1995), before the Texas Supreme Court, wherein
the Court affirmed the firm's client's judgment against a
surplus lines carrier in what is the only reported Texas opinion
relating to former Article 1.36 of the Texas Surplus Lines
Statute.
- Represented several national insurers in a multi-billion
dollar breast implant insurance coverage case. Cause No.
A145672, Bristol-Meyers Squibb Co. and Medical Engineering Corp.
v. AIU Insurance Company, et al., 58th Judicial District Court,
Jefferson County, Texas.
- Obtained an agreed non-suit in favor of an excess insurer
in an asbestos insurance coverage action in Harris County,
Texas. No. 2000-37097; A K Steel Corporation (and as successor
in interest to ARMCO, Inc.) v. American Home Insurance Company,
et al., 190th Judicial District Court, Harris County, Texas.
- Represented a national insurer in a series of toxic
exposure insurance coverage actions in Cameron County, Texas in
which a favorable settlement on behalf of the firm's client was
ultimately obtained. Cause No. 96-11-6488-D, Kraft Foods, Inc.
v. Home Indemnity Co., et al., 103rd Judicial District Court,
Cameron County, Texas; Cause No. 2002-02-713-D; American
Employers' Insurance Company v. The Gillette Company,
successor-in-interest to P.R. Mallory & Co., Inc., et al.,
103rd Judicial District Court, Cameron County, Texas.
- Served as coordinating insurance coverage counsel for an
excess insurer in a $50 million environmental insurance coverage
action in Alabama in which a dismissal was ultimately obtained
in favor of the firm's client. Cause No. CV9906320; Russell
Corporation v. Aetna Casualty & Surety, et al., Circuit
Court of Jefferson County, Alabama.
- Served as statewide coordinating coverage counsel for a
national insurer's occupational loss insurance program.
- Advised a national insurer in the initial policy form
drafting process for a Texas occupational loss insurance
program.
- Served as coordinating insurance coverage counsel in Texas
for a national insurer's commercial general liability coverage
line.
- Served as insurance coverage counsel in dozens of cases
involving wrongful death, catastrophic injury, professional
liability, products liability, premises liability, and
commercial disputes in which global settlements of both the
underlying claims and the coverage disputes were obtained on
behalf of the firm's clients.
Members of the
Insurance Coverage Group:
Greg C. Wilkins
Leanne Johnson
Curry L. Cooksey
James H. Chesnutt II
Michael J. Truncale
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