David J. Schubert

Shareholder dschubert@schubertevans.com
214.744.4404

David J. Schubert

AREAS OF EMPHASIS

  • Commercial/Business Insurance Coverage Disputes and Related Litigation (CGL, Professional Liability, Excess, Surplus Lines, D & O)
  • Serious Personal Injury Defense
  • Defense of Construction Related Lawsuits
  • Oil and Gas related Litigation
  • Professional Liability Litigation
  • Property Damage Litigation
  • Transportation Related Litigation
  • Bad Faith Litigation
  • Attorney Malpractice Defense
  • Accountant Malpractice Defense
  • Class Action Defense
  • Insurance Regulation
  • Complex Litigation
  • Construction Litigation

MEMBERSHIPS & AFFILIATIONS

  • Member, American College of Insurance Coverage Counsel (Membership by Invitation Only)
  • Member, International Association of Defense Counsel (Membership by Invitation Only)
  • Member, State Bar of Texas (Litigation and Insurance Law sections), Dallas Bar Association
  • Licensed to practice in all Texas state and federal courts, as well as the United States Fifth and Eleventh Circuits Court of Appeals
  • Licensed to practice in the Supreme Court of the United States
  • Lectures and speaks extensively on insurance and related litigation matters for a wide variety of conferences and organizations

PRESENTATIONS AND PUBLICATIONS

  • November 13, 2014—State Bar of Texas Insurance Law Section and University of Texas Law School Joint Program speech “2013-14 Extracontractual Liability Update;”
  • May 9, 2013—The Seminar Group Seminar “Insurance in the Construction Industry” speech “Job Site Accidents—Protecting the Privilege;”
  • April 11, 2013—State Bar of Texas, Advanced Insurance Law CLE Seminar speech entitled “Insurance Issues in a Trucking Case”
  • April 12, 2012 – State Bar of Texas Advanced Insurance
  • Law CLE Seminar speech entitled “Four Corners,
  • Weingarten, and Mergers and Acquisitions”
  • November 3-4, 2011 – University of Texas Law School
  • 16th Annual Insurance Law Institute speech entitled
  • “The Independent Injury Rule:  Can Denied Policy
  • Benefits Be Trebled as Damages Under Texas Insurance Code Chapter 541?”
  • October 14-15, 2010 – University of Texas Law School 15th Annual Insurance Law Institute, speech entitled “You Can’t Handle the Truth!  Pleading and Duty to Defend”
  • October 15-16, 2009 – University of Texas Law School 14th Annual Insurance Law Institute, speech entitled “Declaratory Judgments:  Planning  the Party”
  • October 23, 2008 – University of Texas Law School 13th Annual Insurance Law Institute, speech entitled “Unconditional Love-Policy Conditions and Covenants”
  • March 27, 2008 – State Bar of Texas 5th Annual Advanced Insurance Law Course, speech entitled “Certificates of Insurance”
  • October 10, 2007 – University of Texas Law School 12th Annual Insurance Law Institute, speech entitled “Certificates of Insurance – So You Have One – Now What?”
  • December 8, 2006 – University of Texas Law School 11th Annual Insurance Law Institute, speech entitled “Certificates of Insurance – So You Have One – Now What?”
  • March 30, 2006 – State Bar of Texas 3rd Annual Insurance Law Course, speech entitled “Statutory Claims – Who Needs a Legislature?”
  • November 11, 2004 – University of Texas Law School 9th Annual Insurance Law Institute, speech entitled “Declaratory Judgments – The Fallacies of Griffin and More”
  • November 13, 2003 – University of Texas Law School 8th Annual Insurance Law Institute, speech entitled Extracontractual Update”
  • November 2003 – Texas Independent Insurance Adjusters Association, speech entitled “Class Actions and Insurance Law”
  • July 2002 – Suing and Defending Governmental Entities 2002, speech entitled “Self-Insuring the Government: Bad Faith Claims ‘The Money Pit’”
  • September 2001 – University of Texas Law School 6th Annual Insurance Law Institute, panel discussion entitled “Reservation of Rights Letters in Texas”
  • August 2000 – University of Texas Law School 5th Annual Insurance Law Institute, speech entitled “Forum Fights and Choice of Law” (San Antonio)
  • February 2000 – 9th Annual Ultimate Insurance Seminar, speech entitled “Apportionment of Defense Costs and Coverage” (Dallas)
  • February 1999 – 8th Annual Ultimate Insurance Seminar, speech entitled “Defense View of Mental Anguish” (Dallas; Houston)
  • February 1997 – 6th Annual Ultimate Insurance Seminar, speech entitled “Texas Case Law Regarding Whether ‘Mental Anguish’ Claims Trigger the Bodily Injury Coverage of an Insurance Policy, with Particular Focus on Trinity v. Cowan” (Dallas)
  • November 1996 – Texas Independent Insurance Adjusters Association Seminar “Recent Developments in Automobile Insurance Coverage and Vehicular Accident Law,” speech entitled “Auto Insurance Coverage & Vehicular Accident Law” (Dallas)
  • May 1995 – State Bar of Texas 8th Annual Advanced DTPA/Insurance/Consumer Law Course, speech entitled “Good Faith and Fair Dealing” (San Antonio)
  • October 1994 – South Texas College of Law 3rd Annual Advanced Issues in Insurance ‘Bad Faith’ Litigation Seminar, speech entitled “Avoiding the ‘Bad Faith’ Trap-Defense Perspective”
  • October 1993 – South Texas College of Law 2nd Annual Advanced Insurance Bad Faith Litigation Seminar, speech entitled “The Use of the DTPA in Insurance Litigation” (Houston)
  • May 1993 – State Bar of Texas 6th Annual Advanced DTPA/Insurance/Consumer Law Course, speech entitled “Discovery in DTPA in Insurance Cases from Defendants’ Perspective” (San Antonio)
  • February 1993 – State Bar of Texas 2nd Annual Ultimate Insurance Seminar, speech entitled “Insurers’ Duty of Good Faith and Fair Dealing: Is There a Bona Fide Dispute Defense?” (Dallas)
  • December 1992 – University of Texas 4th Annual DTPA Conference, speech entitled “Insurers’ Duty of Good Faith and Fair Dealing: Is There a Bona Fide Dispute Defense?” (San Antonio)
  • August 20, 1992 – Radio interview on KRLD (AM) regarding insurance fraud in America
  • July 1992 – Article entitled “Discovery Pierces Privilege in Coverage and Bad Faith Actions,” Volume 59, No. 3, Defense Counsel Journal

NOTEWORTHY MATTERS

Represented and provided counsel to policyholders and insurers on issues involving:

  • A Wide Variety of Insurance Coverage/Policy Disputes, including:
    • CGL policy disputes;
    • Professional Liability policy disputes; 
    • Lawyer Professional Liability policy disputes;
    • D & O policy disputes;
    • Trucking policy disputes;
    • Complex Construction Defect coverage issues;
    • Oil & Gas insurance coverage issues;
    • Rescission/Warranty Issues;
    • Duty to Defend Disputes;
    • Declaratory Judgment Actions;
    • Bad Faith/Extra-contractual Liability Lawsuits
    • “Stowers”/Failure to Reasonably Settle Within Limits Issues;
    • Disputes Between Primary and Excess Carriers;
    • Property Insurance Disputes;
    • Governmental Entity Insurance/Risk Pool Disputes;
  • Defense of a Wide Variety of Civil Lawsuits, including:
    • Premises Liability; 
    • Accountant Malpractice;
    • Legal Malpractice;
    • Negligent Security;
    • Construction Site Accidents; 
    • Construction Defects;
    • Trucking Liability;
    • Oil/Gas Pipelines; 
    • Class Action Defense;
  • Provides Guidance and Oversight to Insurers and Policyholders on:
    • Claims Handling Issues;
    • Reservation of Rights Letters;
    • Coverage opinions;
    • Suspected Fraudulent Claims;

EXPERT TESTIMONY

  • Scottsdale Ins. Co. v. Nucor Corp., Citadel Security Corp. and Maurice Yezak; Case No. W-02-CA-278; In the United States District Court of the Western District of Texas, Waco Division (Additional Insured/Indemnity issues)
  • Virginia E. Swicegood as Executrix of the Estate of William R. Swicegood, Jr., M.D. and Marti T. Dean v. The Medical Protective Co.; Civil Action No. 3-95CV0335-D; U.S. District Court, Northern District of Texas, Dallas Division (waiver/estoppel issues due to lack of any reservation of rights letter)

EDUCATION

  • Baylor University (J.D., summa cum laude 1986)
  • Abilene Christian University (B.B.A., cum laude, 1984)

RECOGNITIONS

  • AV® Preeminent Peer Review Rating by Martindale-Hubbell