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Chambers USA Recognizes Haynes and Boone Lawyers, Practices

Chambers USA: America’s Leading Lawyers for Business 2009 has singled out 36 Haynes and Boone, LLP lawyers in 16 practices for recognition in its annual law firm rankings. The firm was also honored for having 13 separate areas of practice that lead at the state and national levels. >>



Recent Publications

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. >>

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. >>



Ernest Martin, Jr.

Partner

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, 1987, Associate Editor, International Tax & Business Lawyer
  • B.A., Psychology and Legal Studies, Rice University, 1984

Bar Admissions

  • Texas

Ernest Martin concentrates his practice in the areas of complex insurance coverage litigation, including environmental coverage claims, directors' and officers' liability coverage claims, securities coverage claims, property damage and business interruption claims, general liability coverage claims, and bad faith claims.

His experience includes:

  • Representing clients in multi-million dollar coverage litigation involving coverage related to:

    • Directors and officers litigation
    • 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
    • Securities 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.

Selected Professional and Business Activities

  • Board of Directors, Greater Dallas Hispanic Chamber of Commerce, 2010 
  • Co-founder of the Insurance Law Section of the State Bar of Texas, 1998
  • Chair of the Insurance Law Section of the State Bar of Texas, 1998 to 2000
  • Chair of the Tort and Insurance Practice Section of the Dallas Bar Association, 2003
  • Council Member, Secretary, and Chair-Elect of the Tort and Insurance Practice Section of the Dallas Bar Association, 1998-2003
  • Serving as the 2003 Chair and the 1999, 2000 and 2001 Co-Chair of the University of Texas Insurance Law Symposium
  • Serving as the 2004 Course Director of the Texas State Bar's Advanced Insurance Law Seminar
  • Serving on various committees of the American Bar Association regarding insurance coverage, including Chair of the D&O Insurance Subcommittee, 2002-2004
  • Adjunct Professor of Law (Insurance) at Southern Methodist University (Dedman) School of Law, Fall 2000, Spring 2002, Spring 2003, Spring 2004, Spring 2005, and Fall 2005

Honors

  • Nominated Finalist for the LexisNexis Insurance Law Center Person of the Year Awards 2008 in the Policyholder Attorney category
  • Named the "Go-To" Lawyer in Insurance in Texas Lawyer's Go-To Guide, 2007 (To view the award click here.)
  • Named in The Best Lawyers in America, Woodward/White, Inc., 2005-2010
  • Named in Who's Who Legal: Texas in Insurance & Reinsurance, Law Business Research, Ltd., 2007-2009
  • Named Top Notch Lawyer in Insurance in Texas Lawyer's Go-To-Guide, 2002
  • Selected for inclusion in Texas Super Lawyers, 2003-2009
  • Named in Texas by Chambers USA Client's Guide to America's Leading Lawyers for Business as one of the top insurance lawyers, 2004-2009
  • March 2008, "True Texas Legend in Insurance Law," TexasBarCLE and the Insurance Law Section of the State Bar of Texas

Selected Representative Experience


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 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.

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.

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

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

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.

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 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.

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 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.

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

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.

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.

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 - 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 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 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 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.

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.

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.

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 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.

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.

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.

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

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

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 - Fallout From Disasters: Recovering Business Losses

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

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

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?

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

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
 

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