Coverage (Representing the Policyholder)
- Represented Fortune 200 homebuilder in multi-carrier coverage and bad faith litigation concerning underlying copyright infringement matter seeking approximately $1 billion in damages. After obtaining summary judgment from the trial court that the carriers owed a defense obligation, the case was resolved on favorable terms to our client.
- Successfully resolved physician groups reimbursement and statutory penalty claims against its general liability carrier for defense costs, bond premium and indemnity in connection with underlying wrongful termination suit.
- Represented Fortune 200 company in a suit against its carrier involving defense and indemnity on an underlying property damage suit. Blake Evans acted as co-counsel for the homebuilder and argued the case at the Texas Supreme Court. Schubert & Evans prevailed on this critical insurance indemnity issue under the standard general liability policy.
- 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.
- Successfully pursued excess carrier on behalf of homebuilder client for indemnity proceeds related to settlement of multiple construction defect lawsuits in Colorado. S&E attorneys partnered with a team of experts to establish covered property damage within the carriers policy period, paving the way for a favorable resolution for the client.
- Obtained a critical summary judgment on behalf of corporate client in a Fort Worth state court declaratory judgment lawsuit concerning EPL coverage for an underlying employment claim. The summary judgment concerned the core issue of whether alleged misrepresentations about an employee discount home purchase policy were covered employment-related misrepresentations under the EPL policy.
- Successfully pursued homebuilders AI carrier for defense and indemnity costs incurred settling an underlying Florida personal injury lawsuit. Obtained death penalty sanctions against the carrier, resulting in the striking of pleadings, entry of a default judgment on liability, and recovery on both contractual and extracontractual claims.
- Obtained summary judgment for a prominent Texas law firm in suit filed against it by its professional liability insurer that was attempting to deny coverage for a suit that had been filed against the law firm by the former adversary of the firms client. The court took a strict eight-corners approach to the duty to defend and held that the allegations were insufficient to trigger the prior knowledge exclusion. The opinion also addresses several other regularly encountered exclusions in the typical professional liability policy.
- Represented national homebuilder in federal court to recover unpaid defense costs from its general liability carrier. After extensive negotiations, the carrier ultimately settled the litigation by paying 100% of outstanding defense costs and a premium to resolve extracontractual and attorneys fees claim.
- Represented and counseled client on insurance coverage issues arising out of white-collar federal criminal proceedings and effect on related civil litigation pending against the client.