John Atkins Quoted in Law360 on SCOTX Review of Policyholder Damages

“Texas Justices Set To Tackle Policyholder Damages Quandary”

The Texas Supreme Court will hear arguments on Tuesday in a construction defect insurance coverage dispute that will test the scope of the state high court’s landmark ruling requiring that a policyholder’s damages result from an adversarial trial in which both parties fully participate. Here, Law360 delves into the history of the case in advance of the hearing.

The Texas justices in December agreed to review a state appellate panel’s decision putting Great American Insurance Co. on the hook for most of a construction defect judgment that a pair of homeowners won against its policyholder.

“The Hamel case really comes down to, essentially, how much of a deal you can cut before trial and still have it be fully adversarial,” Dallas-based Thompson & Knight LLP associate John Atkins said in an interview last month.