Main Practice Contacts

Ernest Martin, Jr.
+1 214.651.5641

Recent Publications

Fifth Circuit Holds Any Claim that Exhausts Underlying Insurance Can Trigger Excess Insurance

In a win for policyholders relying on multiple coverage layers, the Fifth Circuit held on June 23, 2014 that an excess liability insurance policy could be triggered by exhaustion of a “retained limit” - equal to the limits of underlying insurance - even if the amounts paid to meet the “retained limit” were not covered by the excess policy. >>

Directors Beware: ISS Urges Ouster of Target’s Directors in the Wake of its Data Breach

Institutional Shareholder Services (“ISS”), a prominent proxy adviser, has issued a report urging Target Corporation’s shareholders to oust seven of the company’s directors for “failure to provide sufficient risk oversight” on cybersecurity. >>

Preserving Insurance Coverage for Contractual Liability

Texas operators and service companies need to carefully consider how a recent trend in Texas law affects the availability of insurance coverage - for themselves and their counterparties - for contractual liability. >>

A Desk Guide to Data Protection and Breach Response - Part 8

In this final installment of our series, A Desk Guide to Data Protection and Breach Response, we outline four key considerations that every company should be aware of in pursuing coverage for claims and losses arising out of a cyber/privacy breach. >>

Insurance Coverage Litigation

Visit the Haynes and Boone insurance law blog, The Dec Sheet.

We Know Insurance

Haynes and Boone’s Insurance Coverage Litigation Practice Group represents clients in all facets of their dealings with insurance carriers. We have recovered hundreds of millions of dollars for clients in pursuit of a variety of insurance claims, including the following:

  • General liability, products, E&O, D&O, employment practices, construction defect, and fiduciary liability claims for defense costs, judgments and settlements in underlying litigation
  • First-party commercial property claims, including business interruption and builder’s risk
  • Crime and fidelity claims
  • Intellectual property claims
  • Mortgage, trade credit, and other credit risk claims
  • Marine, aviation, oil & gas, and environmental claims
  • Professional malpractice claims
  • Unfair claims handling, Stowers, insurance code and bad faith claims

In addition to litigation, our coverage lawyers regularly advise clients in negotiating policy coverages, auditing existing insurance contracts and indemnities, insurer insolvencies, risk transfer, and insurance implications in commercial transactions.

We Know Our Clients

Our clients rely on us in critical times of loss. We help businesses and individuals facing costly litigation or recovering from a catastrophic event to get the financial protection they deserve from their insurance carriers. While the goal to maximize recovery remains the same, each client’s path is different. We pursue insurance claims with a customized approach tailored to your specific needs. We learn your business, your risks and your objectives. Whether aggressive trial advocacy or discrete negotiation is required, we are committed to meeting your goals. We are more than litigators. We are trusted business advisors helping clients maximize insurance benefits.

We Offer Right-Sized Legal Solutions

Today’s commercial environment demands flexibility and adaptation to changing conditions. We are no different. Clients and claims come in all shapes and sizes. From the billion-dollar property loss to individual liability insurance claims, each client’s needs are significant. We have experience providing creative, efficient, right-size solutions to accommodate both your legal and financial objectives.

We Are a Team

Collaboration is a daily part of our practice. Our clients’ insurance claims often involve multiple and diverse legal issues from intellectual property law to bankruptcy, oil and gas law and securities regulation. When such matters arise, our insurance coverage group can draw upon the wealth of knowledge and experience provided by hundreds of firm lawyers in literally dozens of legal disciplines. The breadth and depth of firm experience allows us to provide unparalleled efficiency, responsiveness and client service in maximizing your insurance claim.

Our Community Matters

Our insurance coverage litigators are recognized leaders in both the practice of insurance law and the broader community. In 1998, the chair of our practice group pioneered the formation of the Insurance Law Section of the State Bar of Texas - a statewide organization of insurance coverage attorneys and industry representatives - helping them stay on the cutting edge of insurance law and industry trends for the benefit of our clients. Today, members of our insurance recovery group hold leadership positions in local, state and national bar organizations. Beyond the legal community, our coverage lawyers also give countless hours of service each year to pro bono clients as well as charitable, educational and religious organizations.