In the News

David Taubenfeld in Texas Lawyer: Appellate Lawyer of the Week: City Wins Insurance-Coverage Suit

David Taubenfeld's municipal client bought insurance to defend against civil litigation. But it took Taubenfeld's arguments at U.S. Court of Appeals for the Fifth Circuit before the city could get the benefit of that bargain. >>



Recent Publications

The Government Shutdown: Can “Contingent Business Interruption” or “Civil Authority” Coverage Mitigate Business Losses?

Whether you call it a “shutdown” or a “slowdown,” the lack of a fully-funded federal government is impacting more than the 800,000 federal workers furloughed since October 1. >>

Fifth Circuit Court of Appeals Certifies Deepwater Horizon “Additional Insured” Issues To The Texas Supreme Court

On March 1, the Fifth Circuit Court of Appeals ruled that $750 million of primary and excess coverage issued to Transocean Holdings, Inc. (“Transocean”) “imposes no relevant limitations upon the extent to which BP [BP American Production Company] is covered” as an additional insured in connection with the Deepwater Horizon incident in April 2010. >>

Fifth Circuit Court of Appeals Addresses Insurers’ Claims to Enforce Indemnity Rights in an Insured’s MSA

Third party insurers are not entitled to enforce an insured’s defense, indemnification or insurance rights in a master services agreement (“MSA”) according to a three-judge panel of the Fifth Circuit Court of Appeals in an opinion issued on July 5. >>



David Taubenfeld

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5531
F +1 214.200.0686

Areas of Practice

Education

  • J.D., Southern Methodist University Dedman School of Law, 1985, Leading Articles Editor, Southwestern Law Review
  • Pomona College, 1982

Bar Admissions

  • Texas

Court Admissions

  • United States Supreme Court
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Tenth Circuit

Languages

  • French
  • German
  • Spanish
David Taubenfeld

David Taubenfeld represents policyholders in every kind of dispute they may have with their insurers. He finds coverage where others may not look, and he attempts to secure coverage for his clients through negotiation and diplomacy before litigation becomes necessary. When litigation becomes necessary, he litigates aggressively, always with the goal of securing coverage for his clients quickly and economically. He has secured millions of dollars in coverage for his clients through negotiation and litigation.
 
David represents corporate and individual insureds in coverage and bad-faith lawsuits and arbitrations against insurance carriers under Directors' and Officers' Liability, First Party Property/Business Interruption, Errors and Omissions, Professional Liability, General Liability, Fidelity Surety Bonds, Performance and Payment, Primary, Excess, and Umbrella insurance policies.
 
David also litigates construction matters for architects, engineers, contractors and owners. He litigates both the construction disputes themselves and any insurance coverage matters related to his construction work.

David is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory. David was included in The Best Lawyers in America® for Insurance Law, 2013-2014. David was named Appellate Lawyer of the Week by Texas Lawyer, December 2, 2013.

Recent Publications and Presentations

  • "Fundamentals of Construction Contracts: Understanding the Issues," Lorman Education Seminars, July 27, 2011.
  • "Joint Defense Agreements: How To Make Them and How To Break Them"
  • "Disputes Between Insurance Carriers and Agents"

Selected Representative Experience


Innovative Mag-Drive, LLC Acquisition
Represented Flowserve US Inc. in its acquisition of Innovative Mag-Drive, LLC d/b/a Innomag, a manufacturer of advanced sealless magnetic drive centrifugal pumps.

Equity Rollover Transaction
Represent U.S. sellers in an equity rollover transaction in which a U.S. private equity firm acquired a controlling interest in the target U.S. and Canadian businesses.

Fraudulent Transfer and Promoter Fraud Case
Assisted with post-trial briefing in fraudulent transfer and promoter fraud case.

Professional Negligence - Major Texas Accounting Firm
Represented an accounting firm in defense of a malpractice suit brought by former clients.

Memberships

  • American Bar Association
  • College of the State Bar of Texas
  • Texas Bar Foundation
  • American Trial Lawyers Association
  • RIMS (Associate Member)

Online Publications

10/10/2013 - The Government Shutdown: Can “Contingent Business Interruption” or “Civil Authority” Coverage Mitigate Business Losses?
Whether you call it a “shutdown” or a “slowdown,” the lack of a fully-funded federal government is impacting more than the 800,000 federal workers furloughed since October 1.

09/04/2013 - Fifth Circuit Court of Appeals Certifies Deepwater Horizon “Additional Insured” Issues To The Texas Supreme Court
On March 1, the Fifth Circuit Court of Appeals ruled that $750 million of primary and excess coverage issued to Transocean Holdings, Inc. (“Transocean”) “imposes no relevant limitations upon the extent to which BP [BP American Production Company] is covered” as an additional insured in connection with the Deepwater Horizon incident in April 2010.

07/31/2013 - Fifth Circuit Court of Appeals Addresses Insurers’ Claims to Enforce Indemnity Rights in an Insured’s MSA
Third party insurers are not entitled to enforce an insured’s defense, indemnification or insurance rights in a master services agreement (“MSA”) according to a three-judge panel of the Fifth Circuit Court of Appeals in an opinion issued on July 5.

06/24/2013 - Texas Authorizes Domestic Pure Captive Insurance Companies
On June 14, 2013, Governor Rick Perry signed legislation, which for the first time authorizes domestic captive insurers in Texas. The bill, known as SB 734, allows Texas businesses to realize the advantages, including tax benefits, of forming and operating a “pure” captive insurance company without the burden and cost associated with an out-of-state captive.

04/19/2011 - Uncertainty Remains Regarding the Contractual Liability Exclusion After the Texas High Court Declines to Clarify Its Holding in Gilbert

11/30/2010 - Insurance Coverage for Insider Trading Claims
The FBI and the SEC are in the final stages of an unprecedented three-year investigation into insider trading by consultants, investment bankers, hedge-fund and mutual-fund traders, and analysts. Those responding to subpoenas, investigations or claims arising out of the government’s insider trading probe should look to directors and officers (“D&O”) or errors and omissions (“E&O”) liability insurance for coverage for defense costs and, in some cases, settlements or judgments arising out of insider trading claims.

01/27/2010 - Federal Court Issues Injunction Requiring Insurer to Advance Defense Costs to Stanford Financial Defendants for DOJ and SEC Proceedings
Yesterday, January 26, 2010, Judge David Hittner of the United States District Court for the Southern District of Texas issued an important opinion in the Stanford Financial case that paves the way for targets of criminal and civil enforcement proceedings to obtain insurance coverage for costs of defending themselves. The decision marks a significant victory for executives who have the misfortune of being caught up in a government prosecution and find themselves otherwise unable to fund their defense.

12/22/2009 - Weathering the Storm: Insurance Coverage and Insolvency: Maximizing Recovery In Bankruptcy
While memorable for many things, 2009 may long be remembered as a year of record corporate insolvency. Now more than ever, it is crucial that debtors, creditors, trustees, and, indeed, anyone with an interest in maximizing the financial resources on hand to satisfy debts, understand (1) what coverage may potentially be available; and (2) how to gain access to and maximize this important financial resource.

04/20/2009 - Finding the Silver Lining: General Liability Coverage For FHA/ADA Claims
Over the past several years, developers and owners of multifamily housing have been the targets of numerous lawsuits filed by government enforcement agencies, including the United States Department of Justice, private disability rights organizations, and individuals alleging violations of the Fair Housing Act (the “FHA”) and Americans with Disabilities Act (the “ADA”). The “damages” and attorneys’ fees claimed by plaintiffs in these lawsuits, including the cost to modify existing buildings to comply with applicable accessibility guidelines, have created significant financial exposure to the multifamily housing industry.

04/20/2009 - Texas Supreme Court Rejects Insurer’s Late Notice Defense Under a Claims-Made Policy
In Prodigy Communications Corp. v. Agricultural Excess & Surplus Insurance Co., the Texas Supreme Court held late last month that, “[i]n a claims-made policy, when an insured notifies its insurer of a claim within the policy term or other reporting period that the policy specifies, the insured’s failure to provide notice ‘as soon as practicable’ will not defeat coverage in the absence of prejudice to the insurer.”

09/19/2008 - Weathering the Storm: Insurance Recovery Following Hurricane Ike
This news alert is a practical guide from Haynes and Boone, LLP 's Insurance Recovery Practice Group addressing critical steps to obtain insurance recovery for damage and business interruption losses resulting from Hurricane Ike.

05/06/2008 - Mortgage Guaranty Insurance
Escalating defaults relating to the sub-prime mortgage crisis have had a profound impact on domestic and world credit markets. As creditors look to their insurers for recovery of losses on insured loans, it is important for mortgagees, financial institutions and their beneficiaries and assigns to understand their respective rights and obligations under mortgage guaranty insurance and other credit risk insurance policies.

09/07/2007 - Triple Threat--Texas Supreme Court Rejects the Economic Loss Doctrine...
On August 31, 2007 the Texas Supreme Court issued an eagerly awaited opinion Lamar Homes, Inc. v. Mid-Continent Casualty Company, No. 05-0832 (Tex. Aug. 31, 2007) in which it resolved a long-standing controversy between policyholders and insurance carriers as to whether commercial general liability (“CGL”) policies cover property damage resulting from defective workmanship.

09/16/2005 - Hurricane Katrina: Are You Covered?

Texas Supreme Court Recognizes Insurance Co's Right To Recoup Settlement Payments From Policyholders

11/01/2004 - Texas Courts Acknowledge Policyholders' Right to Select Defense Counsel