Recent Publications

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. >>

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. >>



Micah E. Skidmore

Associate

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5654
F +1 214.200.0659

Areas of Practice

Education

  • J.D., Brigham Young University, 2004, magna cum laude; Order of the Coif
  • B.S., Economics, Brigham Young University, 2001

Bar Admissions

  • Texas, 2004

Micah Skidmore, an associate in the Insurance Coverage and Securities Litigation practice groups represents corporations, organizations, and their directors and officers in insurance coverage litigation, including directors' and officers' liability coverage claims and general liability coverage claims as well as securities fraud claims.

Selected Representative Experience


Flowserve Corporation Securities Litigation
Defending a worldwide manufacturer of pumps, valves and seals for flow control systems in a class action alleging securities fraud arising from accounting restatement, merger integration issues, and missed earnings projections. Obtained an order denying class certification and granting complete summary judgment in favor of the defendants, which was remanded for further proceedings after appeal.

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.

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.

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 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 - 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 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 - 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.

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.

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.

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.

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.

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.

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.

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
  • J. Reuben Clark Law Society

Online Publications

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 - 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.