Blake S. Evans

AREAS OF EMPHASIS

• Insurance coverage and declaratory judgment litigation in Texas and nationwide
• Insurance recovery
• Litigation involving alleged bad faith and improper claims handling
• Insurance defense litigation
• Coverage opinions
• Insurance program analysis / risk management
• Insurance regulation
• Complex commercial litigation
• Class action litigation

RECOGNITIONS

• AV® Preeminent Peer Review Rating by Martindale-Hubbell
• Texas Super Lawyers, Top Rated Insurance Coverage Attorney, Super Lawyers, 2021-present
• Texas Top Attorneys, Texas Monthly, 2021-present 

EDUCATION

• Georgetown University Law School (J.D., 1991)
• Georgetown International Environmental Law Review – Editor, 1990-91
• Georgetown University (B.A., magna cum laude, 1988)

MEMBERSHIPS & AFFILIATIONS

• Fellow, American College of Coverage Counsel
• Member, American Bar Association (Business Law and Tort and Insurance Practice Sections)
• Member, Federal Bar Association
• Member, Bar Association of the Fifth Federal Circuit
• Associate Member, Risk and Insurance Management Society, Inc.
• Member, State Bar of Texas (Insurance and Litigation Sections)
• Member, Dallas Bar Association (Litigation Section)
• Admitted to practice in the Supreme Court of the United States
• Admitted to practice in the United States Court of Appeals for the Fifth Circuit and the United States District Courts for the Northern, Eastern, Southern and Western Districts of Texas

PRESENTATIONS AND PUBLICATIONS

• “An Overview of Contractual Indemnity, Additional Insured Status, and Update on ‘Paid and Incurred’ Statute – Presentation for Client, April 2019
• “Shifting Loss: An Overview of Contractual Indemnity, Additional Insured Status and COI’s”- Presentation for Client, April 2015
• “It’s Your Problem, Not Mine: Effective Risk Transfer from Contract Negotiations to Post-Loss Pursuit of Carriers” – Presentation for City of Dallas, Legal and Risk Management Divisions, June 2014.
• “Ewing Construction Company v. Amerisure: Implications for the Contractual Liability Exclusion” – TIPS Section, Dallas Bar Association, March 2014
• “Texas Supreme Court Reins in Contractual Liability Exclusion on CD Claims”, Claims Journal, www.claimsjournal.com, February 4, 2014.
• “Risk Transfer Vehicles: An Analysis of Certificates of Insurance, Additional Insureds, Contractual Indemnity and Related Issues” – Presentation for City of Dallas, Risk Management and Legal Divisions, February 2012.
• “Shifting Loss: Significant Issues Related to Contractual Indemnity, Additional Insureds and Certificates of Insurance” – Risk and Insurance Management Society, DFW Chapter Luncheon, June 2011.
• “Texas Coverage and Extracontractual Litigation Update” – Presentation for claims officers with insurance carrier client, May 2011.
• “Texas Coverage Law Update” – Presentation for claims officers with insurance carrier client, May 2010.
• D.R. Horton v. Markel: Impact on Duty to Defend and Declaratory Judgment Actions – TIPS Section, Dallas Bar Association, March 2010.
• “The ABC’s of SIRs” – 2009 University of Texas School of Law Insurance Law Institute.

NOTEWORTHY MATTERS

Represented and provided counsel to insurers and policyholders on many issues and matters, including:

• Prevailed at Texas Supreme Court on critical indemnity issue under CGL policy – D.R. Horton-Texas, Ltd. v. Markel Int’l Ins. Co., Ltd., 300 S.W.3d 740 (Tex. 2009).
• Lead counsel for Fortune 200 homebuilder in multi-carrier coverage and bad faith litigation concerning underlying $1 billion copyright infringement matter.
• Successful representation of carrier client in general liability coverage litigation regarding numerous underlying residential construction defect lawsuits.
• Successful defense of E&O insurer in coverage litigation to collect underlying judgment against insured’s agency for premium undercharges on Arizona automobile program.
• Lead counsel for multi-national industrial services client in connection with coverage litigation arising out of an oil refinery fire. Successfully negotiated allocation and exhaustion of primary/excess coverage between client and upstream AI refinery owner.
• Represented national homebuilder in pursuit of excess carrier for indemnity in connection with settlement of several multi-family construction defect lawsuits in Colorado. Partnered with a team of experts to establish covered “property damage” within carrier’s policy period, paving the way for a favorable resolution.
• Represented apartment complex owner in successful pursuit of property carrier to enforce appraisal award on a roofing claim
• National counsel for insurers in multi-state class action litigation concerning workers’ compensation regulatory issues
• Successful pursuit of homebuilder’s AI carrier for defense and indemnity costs incurred settling underlying Florida personal injury lawsuit. Persistent discovery abuse prompted court to strike pleadings and enter a default judgment on liability, 
• Represented subcontractor in wrongful death action arising out of tilt-wall accident on a commercial construction project. The lawsuit was resolved on favorable terms for the client.
• Provided coverage analysis and guidance to carrier client on complex Defense Base Act worker’s compensation claims worldwide.
• Successful recovery of policy proceeds on behalf of national home-builder in multiple coverage lawsuits under CGL, excess, umbrella, and EPL policies.
• “Update on Texas Insurance Law” – Presentation for claims officers with insurance carrier client, April 2008.
• “Insuring the Construction Project: Drafting Strategies, Risk Management Considerations, and Insurance Options” – 2007 Construction Law Conference/ University of Texas School of Law.
• “Additional Insureds, Contractual Liability and Indemnity: Who Owes Who What” – Risk and Insurance Management Society, DFW Chapter, Summer Conference 2007.
• “In the Crosshairs: Current Status of Agent/Broker Liability” – Fourth Annual Advanced Insurance Law Course 2007, State Bar of Texas.
• “Independent Counsel – A Comparative Law Debate” – Advanced Insurance Law Course, 2006/State Bar of Texas.
• “Update on ‘Prompt Payment’ Statute and Employee/Adjuster Liability Under Article 21.21” – paper and presentation for the Texas Independent Insurance Adjusters Association, November 1999.
• “Bad Faith – A Claims Handling Update” – Paper and presentation for the Texas Independent Adjusters Association, June 1998.
• “Recent Developments in Bad Faith Law” – Paper and presentation for the Annual Meeting of the North Texas Subrogation Association, October 1997.
• “Bad Faith Law Update” – Paper and presentation for the Texas Tort & Insurance Law and the New Millennium Symposium, August 1997.
• “1995 Tort Reform – One Year Later” – Presentation for the Annual Meeting of the North Texas Subrogation Association, October 1996.

PERSONAL

• Georgetown Alumni Admissions Program
  • Applicant Interviewer
• Baylor Tom Landry Center
  • Member Advisory Board
• Dallas Summer Musicals
  • Curtain Call Fund-raiser Event Committee Chair 2007
• Make-A-Wish Foundation of North Texas
  • Liaison to Board of Directors 2003-2005