Tom D. Caudle

Of Counsel tcaudle@schubertevans.com
214.217.3678

Tom D. Caudle

AREAS OF EMPHASIS

  • Insurance Coverage, including Subrogation Litigation
  • General Business Litigation

MEMBERSHIPS & AFFILIATIONS

  • Member, State Bar of Texas
  • Admitted to practice in the United States District Courts for the Eastern, Northern, Southern, and Western Districts of Texas

PRESENTATIONS AND PUBLICATIONS

  • Presented speech entitled “An Update On the Duty to Defend Under Texas Law,” Dallas Bar Association Tort & Insurance Practice Section (March 27, 2003)
  • Presented speech and paper entitled “Beyond Bodily Injury: Coverage for Business Torts,” 1st Annual Advanced Insurance Law Course, State Bar of Texas (March 26, 2004)
  • Authored “General Liability Coverage for Business Torts, 28 Tex. Bus. Lit. J. 33 (Fall 2006)

EDUCATION

  • Southern Methodist University, Juris Doctorate, May 1991
  • University of Texas at Dallas, Master of Science in management and administrative sciences, December 1982
  • University of Oklahoma, Bachelor of Business Administration (finance), May 1979

NOTEWORTHY MATTERS

  • Recovered subrogation settlement (50% of costs of defense of mutual additional insured, and all of my fees) in Employers Mut. Casualty Co. v. Illinois Nat’l Ins. Co., No. 5763 in the 349th District Court, Anderson County, TX
  • Successfully prosecuted coverage claims via subrogation for American Indemnity in Utica National Ins. Co. v. American Indem. Co., 141 S.W.3d 198 (Tex. 2004)
  • Obtained award of defense and indemnity for an underlying suit, and an award of all of my fees in Mycon Gen. Contractors, Inc. v. C&M Contracting, Inc., American Arbitration Association No. 71 110 00713 07
  • Prosecuted contract and tort claims in Texzon Utilities, Ltd. v. Strategic Energy, L.L.C., American Arbitration Association No. 71 198 00063 08; working relationship restored via negotiated settlement with new contract between the parties
  • Obtained declaratory judgement for client insurer of no duty to defend or indemnify because of pollution exclusion in United Fire & Casualty Co. v. Condeb, L.P., 2016 WL 1085230 (E.D. Tex, Feb. 19, 2016)
  • Obtained release and discharge for innocent stakeholder in Merritt v. PowerMax Energy, L.L.C., No. 09-C-3649 in the County Court at Law No. 1, Ellis County, Texas

PRIOR EXPERIENCE

  • 2007 to 2010 — solo practioner, Waxahachie, TX
  • 1991 to 2007 — attorney with a civil litigation practice at 3 different downtown Dallas law firms
  • 1981 to 1990 — CPA and accounting supervisor with TXO Production Co. in Dallas

RECOGNITIONS

  • AVĀ® Preeminent Peer Review Rating by Martindale-Hubbell