In the News

Ernest Martin in Law360: Ebola Crisis Sparks Concern About Coverage For Quarantines

The threat of the spread of Ebola in the U.S. has left hospitals and other policyholders worried about coverage for quarantines and other disease-related occurrences, with questions arising about the applicability of certain exclusions and the triggering event for coverage under property damage and business interruption policies. >>

Haynes and Boone in Law360: RSUI Should Pay $8M Post-Hurricane Award, Texas Court Told

Apartment manager The Lynd Co. on Thursday defended in Texas Supreme Court an appellate win that awarded it $7.5 million in coverage from insurer RSUI Indemnity Co. for damage caused during Hurricane Rita in 2005, saying that under the four corners of its policy, the insurers couldn’t avoid paying up. >>

Haynes and Boone Lawyers Repeat Strong Showing in D Magazine’s Best Lawyers List

DALLAS D Magazine has once again recognized Haynes and Boone, LLP lawyers in its annual “Best Lawyers of Dallas” list of top local legal talent. >>



Recent Publications

Top Trends in Insurance Law

Presented at The University of Texas School of Law 18th Annual Insurance Law Institute, November, 8, 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. >>

Diversity Highlights (2013)

The Attorney Diversity Committee (ADC) at Haynes and Boone, LLP is comprised of more than 60 attorneys, management and administrative team members that meets each month to advance our firm’s numerous diversity efforts. This document summarizes the efforts and accomplishments of 2013. >>



Ernest Martin, Jr.

Partner
Administrative Partner - Dallas Office

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5641
F +1 214.200.0519

Areas of Practice

Education

  • J.D., University of California, Berkeley School of Law, 1987, Associate Editor, International Tax & Business Lawyer
  • B.A., Psychology and Legal Studies, Rice University, 1984

Bar Admissions

  • Texas
Ernest Martin, Jr.

Ernest Martin focuses his practice exclusively in the areas of complex insurance coverage litigation and consultation on behalf of corporate policyholders. He uses his vast experience handling insurance coverage matters, knowledge of key insurance principles, insight into how insurance companies operate, and understanding of his client’s business objectives to maximize insurance recoveries from insurance companies.

Ernest has represented private and public entities in coverage disputes before state and federal courts in Texas and across the nation. He has handled litigation and arbitration for coverage disputes involving directors and officers' liability claims, construction disputes, environmental claims, securities claims, property damage and business interruption claims, general liability claims, and bad faith claims. Additionally, he consults with clients on matters of clients' insurance coverage including the purchase and renewal of policies, as well as leveraging coverage in the defense and settlement of claims.

Ernest, the Co-Founder of the State Bar of Texas Insurance Section, has been widely recognized by his legal industry peers and corporate clients. Best Lawyers' 2012 named him the Dallas Insurance Law Lawyer of the Year. Mark Chloupek of La Quinta Inns says, "Ernest Martin of Haynes and Boone has provided phenomenal representation for various affiliate entities. His expertise during complex insurance litigation combined with his strong business sense has enabled us to successfully prevail on numerous occasions. I would highly recommend him!" (Best Lawyers "Best Law Firms" Directory, 2010) Chambers USA: America's Leading Lawyers for Business 2010 said "Ernest Martin (Band 1) is described by clients as 'probably one of the top coverage counsel in the country.' He knows the area inside-out and is a creative thinker with outstanding negotiation skills."

A frequent speaker at state and national insurance seminars, Ernest has held leadership positions in insurance legal associations and served as an adjunct insurance law professor for approximately ten years. He serves as head of the Insurance Coverage Litigation Practice Group, served as a member of the firm's managing Board of Directors, and is the current Administrative Partner for the Dallas office.

His experience includes:

  • Representing clients in multi-million dollar coverage litigation involving coverage related to:
    • Directors and officers litigation
    • Securities claims
    • Environmental superfund clean-up and property damage claims
    • Toxic tort and lead poisoning claims
    • Construction defect claims
    • Product liability claims
    • Intellectual property claims
    • Business interruption claims
    • Employment-related claims
    • Sexual abuse claims
    • Nursing home wrongful death claims
    • Malicious prosecution claims
  • Representing clients in disputes concerning coverage for major property damage claims.
  • Representing clients in connection with claims for coverage for professional liability claims, including legal malpractice.
  • Representing clients in connection with bad faith claims related to alleged mishandling of coverage disputes.

Professional Recognition

  • A finalist for Texas Lawyer's Go-To Guide - Insurance, 2012
  • D Magazine's "Best Lawyers" list - Insurance Law, 2013-2014 
  • The Best Lawyers in America, Insurance Law, 2005-2015
  • Best Lawyers' 2012, Dallas Insurance Law Lawyer of the Year
  • Chambers USA Client's Guide to America's Leading Lawyers for Business, a top insurance lawyer in Texas, Band 1, 2004-2014
  • Texas Super Lawyers, 2003-2014
  • Who's Who Legal: Texas in Insurance & Reinsurance, Law Business Research, Ltd., 2007-2012
  • LexisNexis Insurance Law Center Person of the Year Awards 2008, Policyholder Attorney category, finalist nominee
  • "True Texas Legend in Insurance Law," TexasBarCLE and the Insurance Law Section of the State Bar of Texas, 2008
  • "Go-To" Lawyer in Insurance in Texas Lawyer's Go-To Guide, 2007 (To view the award click here.)
  • Top Notch Lawyer in Insurance in Texas Lawyer's Go-To-Guide, 2002
  • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™

Professional and Business Leadership

  • Greater Dallas Hispanic Chamber of Commerce
    Board of Directors, 2010
  • Insurance Law Section of the State Bar of Texas
    Co-founder, 1998
    Chair, 1998 to 2000
  • Dallas Bar Association
    Chair, Tort and Insurance Practice Section, 2003
    Council Member, Secretary, and Chair-Elect of the Tort and Insurance Practice Section, 1998-2003
  • Texas State Bar's Advanced Insurance Law Seminar
    Course Director, (multiple years)
  • University of Texas Insurance Law Symposium
    Chair, 2003
    Co-Chair, 1999, 2000 and 2001
  • American Bar Association
    Co-Chair, In-House Counsel Subcommittee, 2011-2012
    Co-Chair, D&O Insurance Subcommittee, 2002-2004
    Co-Vice Chair and Co-Chair, Insurance Subcommittee's Annual Insurance Seminar, 2009 and 2010
  • Southern Methodist University Dedman School of Law
    Adjunct Professor of Law - Insurance
    Fall 2000, 2005, 2008, 2009, 2010, 2011
    Spring 2002, 2003, 2004, 2005 

Selected Speeches and Publications

  • "Top Trends in Insurance Law," The University of Texas School of Law 18th Annual Insurance Law Institute, November, 8, 2013.
  • Inside the Minds: Recent Developments in Disaster Coverage Litigation, Aspatore Books, June 2011 (chapter author).
  • "The Insured's Right to Select the Policy That Maximizes Coverage," Texas Lawyer Podcast, December 8, 2010.
  • "Serving on Boards and Protecting Your Assets: The Fundamentals of D&O Insurance for Non-Profit Organizations," State Bar of Texas, Dallas, Texas, October 28, 2010.
  • "Ask the Experts," UT Law Conference, Austin, Texas, October 15, 2010.
  • "Commercial Coverage Conundrums - Interactive Case Study Approach," CPCU Annual Meeting, Orlando, Florida, September 28, 2010.
  • "Coverage for Claims Seeking Equitable Relief?" Texas Lawyer Podcast, September 16, 2010.
  • "Whose Duty is it Anyway?" State Bar of Texas Advanced Personal Injury Law Course, Dallas, Texas, July 14-16, 2010.
  • "Contractual Liability Exclusion," Texas Lawyer Podcast, June 16, 2010.
  • "The Montrose Case - A Model Loss in Progress Rule Analysis," State Bar of Texas' 7th Annual Advanced Insurance Law Course, Dallas, Texas, April 8-9, 2010.
  • "The Duty to Defend v. The Duty to Indemnify," Texas Lawyer Podcast, March 31, 2010.
  • "A Case Study in D&O Insurance and Indemnity Protections for Senior Decision-Makers," SMU Corporate Counsel Symposium, Las Colinas, Texas, October 16, 2009.
  • "Directors' & Officers' Coverage Priorities in the Financial Crisis: A Seven-Point Inspection for Your D&O Policy," UT School of Law, Austin, Texas, October 15, 2009.
  • "Discovery Update," State Bar of Texas, Houston, Texas, September 3, 2009.
  • "Discovery Update," State Bar of Texas, San Antonio, Texas, August 6, 2009.
  • "Discovery Update," State Bar of Texas, Dallas, Texas, July 16, 2009.
  • "Corporate Counsel - Insurance Law," State Bar of Texas, Dallas, Texas, June 25, 2009.
  • "Settling with Insurance Coverage in Mind," State Bar of Texas - ADR Section, Dallas, Texas, April 13, 2009.
  • "After Don's Building: Change is the One Thing We can be Sure of," Texas Bar CLE, Dallas, Texas, April 2, 2009.
  • "One Beacon," South Texas College of Law, Houston, Texas, January 22-23, 2009.
  • "Top Ten Items To Consider In Maximizing Your D&O Coverage," State Bar of Texas, Dallas, Texas, April 2008.
  • "The Texas Prompt Pay Statute Post Lamar: Understanding its Application to Defense Costs," State Bar of Texas Advanced Insurance Law Course, Dallas, Texas, March 27-28, 2008.
  • "Recent Texas Insurance Developments: Selection of Counsel, Settlement, and Sending Notice," American Bar Association Insurance Coverage Committee CLE Seminar, March 1-3, 2007.
  • "Fallout From Disasters: Recovering Business Losses," University of Houston, Advanced Insurance and Tort Claims Course, June 22, 2006.
  • "Recent Texas Insurance Developments: What Every In-House Counsel Should Know," State Bar of Texas, Advanced In-House Counsel Course, San Antonio, Texas, October 17-18, 2005.
  • "'Hi - I'm Your Lawyer; We Haven’t Met’: When May an Insured Select its Own Counsel?" Dallas Bar Association, Business Litigation Section, January 11, 2005.
  • "The State of Extra-Contractual Liability After Traver and Rocor: Are We Finally a Head of Ourselves?" The University of Texas School of Law 9th Annual Insurance Law Institute, November 12, 2004.
  • "D&O Insurance Coverage: Surviving the Turmoil (Lessons We Are Learning from Enron)," 7th Annual Insurance Law Institute University of Texas School of Law, San Antonio, Texas, September 4-6, 2002.
  • "An Attorney's Guide to the Basics and Trends in D&O Insurance," Dallas Bar Association Tort and Insurance Practice Section, June 27, 2002.
  • "What Every Corporate Counsel Needs To Know About Insurance," Dallas, Texas, March 1, 2002.

Selected Representative Experience


Aguilar v. Heckmann Water Resources, No. 12-06-11697-DCVCLM (293rd Judicial Dist., Dimmit County)
Obtained a remittitur of $105 million and ultimately a full settlement after being hired post-verdict following the largest jury verdict in Texas in 2013. The underlying personal injury lawsuit arose from a vehicle and truck accident and lead to an initial $281 million jury verdict. The case involved intense negotiations with the carrier, a parallel declaratory judgment action, supersedeas bond disputes and post-trial discovery.

Heckmann Water Resources v. Aguilar, No. 04-14-240-CV (Tex. App.—San Antonio, August 13, 2014)(mem. op. setting aside and remanding judgment)
Handled the post-trial and appellate matters arising from the largest verdict in Texas in 2013. Following intense post-trial proceedings and negotiations, the company fully settled all claims arising from this personal injury lawsuit relating to a vehicle and truck accident in the Eagle Ford Shale. The jury initially awarded $281 million in damages, which were later reduced as a result of post-trial motions, including a remittitur of $105 million.

Fair Housing Act and Americans with Disabilities Act Judgment - Developer of Multi-Family Housing
Obtained summary judgment in a published decision by Judge Fitzwater finding a duty to defend allegations of discrimination and violations of the Fair Housing Act and Americans with Disabilities Act against a leading developer of multi-family housing.

Recovery of Defense Costs and Indemnification - Professional Wrestling
Represented large professional wrestling company in the recovery of defense costs and indemnification under general liability policies for a lawsuit filed by a former wrestler claiming bodily injury.

Asbestos-Related Suits
Secured full defense and indemnity for asbestos-related suits under multiple liability policies.

Attempt to Obtain Insurance Coverage for Property Damage Lawsuit
Representing oil field services operator in an attempt to obtain insurance coverage for an underlying property damage lawsuit.

Auto Fatality Lawsuit - Leading Food and Beverage Company
Represented a leading food and beverage company in consultation and litigation regarding coverage for a multi-million dollar judgment awarded against the insured in an underlying auto-fatality lawsuit.

Blocked Subpoena Seeking Coverage Information - Fortune 50 Company
Successfully blocked subpoena seeking decades of coverage information from Fortune 50 company.

Bodily Injury Claims - Owner of Nursing and Personal Care Facilities
Represented the owner of nursing and personal care facilities to obtain payment for settlement amounts and defense costs relating to various claims for bodily injury asserted by residents.

Breach of Contract Action - Law Firm
Represented a law firm in defense of a breach of contract action brought by an expert retained by the law firm in an underlying insurance coverage suit.

Civil Lawsuit and Administrative Orders - Independent International Oil and Gas Exploration and Production Company
Obtained payment for defense costs, settlement amounts and costs to comply with EPA Administrative Orders for an independent, international oil and gas exploration and production company in connection with a civil lawsuit and various administrative orders issued by the EPA in connection with alleged groundwater contamination in Montana.

Commercial Property Claims - Manufacturer of Roofing Products
Represented a manufacturer of roofing products and other building materials in first-party commercial property claims asserted in connection with the collapse of a steel silo containing the insured’s product in 2005.

Coverage Consultation - Construction Equipment Manufacturer
Served as buyer’s coverage consultant in acquisition of major construction equipment manufacturer.

Coverage Counsel - Personal Injury Suit
Served as plaintiff’s coverage counsel in personal injury suit against negligent driver.

Coverage Counsel - Wrongful Death Suit
Served as plaintiffs’ coverage counsel in multi-million dollar wrongful death suit resulting from a bus fire.

Coverage Dispute - Provider of On-Demand and Interactive Television Solutions
Represented a leading provider of advanced compression, on-demand and interactive television solutions in a coverage dispute to obtain defense costs and settlement amounts incurred in connection with underlying employment claims.

Coverage Litigation - Global Telecommunications Company
Represented a global telecommunications company in coverage litigation to obtain defense costs and reimbursement of a multi-million dollar arbitration award in an underlying licensing and trade secret dispute.

Coverage Litigation - Independent Oil and Gas Production Company
Obtained a recovery in coverage litigation for an independent oil and gas production company of the cost incurred to relocate a tank battery under a voluntary clean-up cost reimbursement provision found within an oil and gas endorsement in a general liability policy.

Coverage Litigation - Manufacturer of Automotive Lubricants
Represented a leading manufacturer of automotive lubricants and car care products in coverage litigation over the amount of deductible owed under a pollution legal liability policy in connection with five underlying pollution lawsuits.

Declaratory Action Against Liability Insurer - Elevator Manufacturer
Successfully represented elevator manufacturer in declaratory action against liability insurer for denying coverage on a wrongful death claim.

Defamation Suit Against Hospital
Obtained coverage from several liability carriers for defamation suit filed against hospital, despite post-verdict notice and multiple problematic exclusions.

Defense of Home Manufacturer - Personal Injury Action
Obtained hundreds of thousands of dollars in satisfaction of liability carrier’s broken promise to defend home manufacturer in personal injury action.

Dismissal of Claims
Obtained complete dismissal of claims against out-of-state defendant based on lack of personal jurisdiction.

Fair Housing Act Violations - Developer of Multi-Family Housing
Obtained summary judgment finding a duty to defend allegations of violations of the Fair Housing Action in connection with the “property damage” coverage provided by a general liability policy.

First-Party Claims - Multi-Family Housing Developer
Represented a multi-family housing developer in a variety of first-party claims involving multiple properties and losses ranging from soil subsidence to water infiltration/damage.

Insurance Coverage Litigation - Manufacturer of Recycled Wood Composite Building Products
Represented a leading manufacturer of recycled wood composite building products in coverage litigation to recover defense costs and settlement amounts relating to product-defect claims under various umbrella liability policies.

Obtaining Defense Costs and Indemnification - Directors and Officers Liability Policy
Represented technology company in obtaining defense costs and indemnification under a directors and officers liability policy for a class action securities lawsuit and accompanying SEC Investigation.

Multi-Million Dollar Recovery - Oil and Gas Producer
Represented large oil and gas producer in multi-million dollar recovery under general liability policies for environmental liability under CERCLA.

Litigation Challenging Validity of Stranger Owned Life Insurance
Representing major financial institution in litigation challenging the validity of stranger owned life insurance in Texas.

Recovery of Legal Fees - Major Texas Law Firm
Recovered legal fees from large insurance company on behalf of a major Texas law firm hired by the insurer to provide a defense to the insurer’s policyholder.

Recovery - Construction Defects to Multi-Student Housing Project
Represented major real estate developer in recovery under commercial general liability policies for claims arising out of construction defects to a multi-student housing project located at Emory University in Atlanta Georgia.

Obtaining Coverage for Securities Class Action Litigation - Energy Company
Represented energy company in obtaining in excess of $100 million in insurance coverage for underlying securities class action litigation.

Obtaining Insurance Coverage for Lawsuit Involving Unpaid Royalties
Represented major oil company in obtaining insurance coverage for a lawsuit invoving a claim for unpaid royalties by a state government.

Obtaining Insurance Coverage - Law Suit Arising from Oil Well Blow Out
Represented oil field services operator in obtaining insurance coverage for an underlying lawsuit arising out of an oil well blow out.

Property Insurance Claims - New York City Steam Pipe Explosion
Represented major real estate developer in settling claims with its property insurer arising out of the New York City steam pipe explosion.

Obtaining Insurance Coverage - "Blast Fax" Liability Class Action Case
Represented major real estate developer in obtaining insurance coverage for an underlying "blast fax" liability class action case.

Obtaining Property Damage and Business Interruption Benefits
Represented food services company in obtaining property damage and business interruption insurance benefits arising out of Hurricane Katrina.

Recovery for Hotel Chain Operator - Hurricane Damage in Louisiana and Florida
Represented national hotel chain operator in obtaining recovery for property damages and business interruption losses incurred in connection with numerous hotel locations in Louisiana and Florida damaged by Hurricanes Katrina and Wilma.

Recovery - Damage to Multi-Family Housing Project in Galveston, Texas
Represented major real estate developer in recovery under commercial property policies for damage to multi-family housing project located in Galveston Texas damaged by Hurricane Ike.

Recovery of Defense Costs - U.S. Department of Justice Investigation
Represented large property development and management company in the recovery of defense costs under general liability and professional liability policies for an investigation brought by the U.S. Department of Justice for alleged violations of the FHA and ADA.

Liability Coverage for Airplane Crash
Obtained liability coverage for airplane crash despite potentially applicable exclusions.

Recovery for Real Estate Developer - New Orleans
Obtained a multi-million dollar recovery for a leading real estate developer under commercial property policies for damage to a multi-family housing project located in downtown New Orleans damaged by Hurricane Katrina.

Recovery - Multi-Family Housing Project Damage by Fire
Represented major real estate developer in recovery under commercial property policies for damage to multi-family housing project located in Massachusetts damaged by by a fire.

Recovery Under Liability Policy - Nursing Home Operator
Represented regional nursing home operator in obtaining recovery under a nursing home liability policy for an underlying nursing home liability judgment awarding actual and punitive damages against the nursing home operator.

Recovery of Defense Costs and Indemnification - Large Property Development Company
Represented large property development company in the recovery of defense costs and indemnification under general liability policies for property damage occurring at an apartment complex in Denver, Colorado.

Third-Party Claims - Oil and Gas Exploration Services Company
Obtained settlement proceeds after withstanding a motion for summary judgment in the representation of an oil and gas exploration services company in litigation involving coverage for third-party claims for property damage resulting from the blowout of a gas well in west Texas.

Recovery of Defense Costs and Indemification - Student Housing Development
Represented large property development and management company in the recovery of defense costs and indemnification under professional liability policies for property damage occurring at a student housing development on the campus of a major east coast university.

Summary Judgment - Mobile Telecommunications System Supplier
Obtained a published summary judgment for a leading supplier of mobile telecommunications systems finding a duty to defend allegations of “cellular injury” purportedly caused by radio frequency radiation emanating from cell phones asserted in five-class action lawsuits.

Memberships

  • State Bar of Texas
  • Dallas Bar Association
  • American Bar Association
  • College of the State Bar of Texas
  • W.M. "Mac" Taylor, Jr. American Inn of Court

Online Publications

11/08/2013 - Top Trends in Insurance Law
Presented at The University of Texas School of Law 18th Annual Insurance Law Institute, November, 8, 2013.

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.

11/05/2012 - Guest Article in Law360: How To Maximize Insurance Coverage After A 'Superstorm'
Meteorologists dubbed Hurricane Sandy a “perfect storm” or “superstorm” long before it even made landfall on the East Coast, and Sandy lived up to those terms. Sandy brought gale-force winds, flooding, heavy rain and snow to much of the Eastern Seaboard and the Northeast, including densely populated areas such as Washington, D.C., Baltimore, New York City and Boston. Though Sandy’s full effects will likely not be realized for months, Sandy will undoubtedly rank as one of the most costly storms (if not the most costly storm) in U.S. history.

10/31/2012 - Hurricane Sandy: Maximizing Insurance Coverage after a “Superstorm”
Meteorologists dubbed Hurricane Sandy a “perfect storm” or “superstorm” long before it even made landfall on the East Coast, and Sandy lived up to those terms.

10/13/2011 - Selection of Counsel: Do Insurers or Insureds Choose?
Most liability insurance policies obligate the insurer to both indemnify the insured for judgments or settlements and cover the insured’s defense expenses. In other words, the carrier must pay for the insured’s defense counsel. The insurer’s “duty to defend” generally brings with it the right to select defense counsel, but Texas law allows insureds to select independent counsel in certain circumstances.

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.

04/08/2010 - The Montrose Case - A Model Loss in Progress Rule Analysis
Texas courts applying the so-called “loss in progress” rule have failed to consider the real and practical distinction between first-party property insurance and third-party liability insurance. In the future, Texas courts could use the analysis applied in the Montrose case as a guide when applying the loss in progress rule in the liability insurance context.

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.

10/15/2009 - Directors' & Officers' Coverage Priorities in the Financial Crisis: A Seven-Point Inspection for Your D&O Policy
Over the past year, the “financial crisis” has become a euphemism meaning different things to different people. For employees, the “financial crisis” may mean the loss of savings, wages or even a job. For thousands of homeowners, the “financial crisis” could suggest “foreclosure.” Alternatively, business owners may equate the “financial crisis” with an inability to obtain capital or a loss of revenue. For directors and officers, however, the “financial crisis” may also mean increased exposure, both in size and number, to claims by shareholders and regulators.

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.”

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.

04/02/2009 - After Don's Building: Change is the One Thing We Can Be Sure Of
In 2008, the Texas Supreme Court completely changed the trigger of coverage theory for occurrence based Commercial General Liability (“CGL”) policies in Texas. The Court held that, where damage occurs over multiple policy periods, coverage is triggered for any policy period in which actual damage transpires.

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.

04/11/2008 - D&O Top Ten List

03/27/2008 - The Texas Prompt Pay Statute Post Lamar: Understanding its Application to Defense Costs
After several years and numerous conflicting Texas state and federal cases, the Texas Supreme Court finally put to rest the raging debate and controversy over whether an insured’s request for defense costs under a liability policy constitutes a “first-party claim” thereby placing an insurer’s handling of such a claim under the governing deadlines and penalties afforded under Section 542.061 of the Texas Insurance Code known as the Prompt Pay Statute.

10/08/2007 - Texas Lawyer--The Go-To Guide [Insurance Coverage Law]

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.

03/01/2007 - Recent Texas Insurance Developments: Selection of Counsel, Settlement, and Sending Notice

09/05/2006 - Recent Texas Insurance Developments: What Every In-House Counsel Should Know

09/05/2006 - Fallout From Disasters: Recovering Business Losses

An Examination of Whether A Fiduciary Relationship Exists Between an Insured and its Broker

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

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

Hi--I'm Your Lawyer; We Haven't Met: When May an Insured Select Its Own Counsel?

The State of Extra-Contractual Liability: Are We Finally a Head of Ourselves?

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

Hot Tips on Managing the Liability Crisis Through Insurance

Surviving the D&O Turmoil: Maximizing Protection for the Non-Profit and Its Directors and Officers

Finding Leverage Against the Insurer: Article 21.55

Insurance: The Basics for Directors and Officers of Non-Profit Organizations

09/04/2002 - D&O Insurance Coverage: Surviving the Turmoil (Lessons We Are Learning from Enron)

An Attorney's Guide to the Basics and Trends in D&O Insurance

What Every Franchise Lawyer Needs to Know About Insurance

A KINGLY DECISION: Insurance Coverage Is in the Eye of the Insured Beholder

What Every Corporate Counsel Needs to Know About Insurance Coverage

Remedies for an Insurer's Breach of the Duty to Defend: A Policyholder's Perspective

The Relationship Between Primary and Excess Insurers

Article 21.21 and Other Statutory Claims: Staying on Top of New Developments

HOT CGL TOPICS - Can Insurers Get Their Settlement Dollars Back?

ADR With Coverage in Mind: Making the Most of Your Policy Dollars

A Policyholder's Paradise Lost? An Insured's Perspective on the Insurability of Punitive Damages

Exploring the Battlefields of Statutory Claims Against Insurers

A New Frontier: Article 21.55 and the Duty to Defend

A Corporate Counsel's Guide to the Basics and Trends in D&O Insurance

Coverage for Vicarious and Derivative Liability Under Texas Law

CGL Policies: Exploring the Battlefields of Coverage