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Insurance Policyholder Coverage Counsel and Litigation

Thompson & Knight’s insurance attorneys devote themselves to counseling and representing policyholder clients on insurance matters, both before and after claims are brought. If litigation or arbitration against the insurer becomes necessary, we have the trial and substantive skills needed to effectively represent our policyholder clients.

Overview

Insurance policies are often complicated and hard to understand. More to the point, they are legal contracts, and courts interpret them according to many of the same rules of interpretation as apply to other legal instruments. Therefore, astute companies in today’s world rely on the services of specialized coverage counsel who read, interpret, and litigate insurance policies on a regular basis.

Thompson & Knight’s insurance attorneys devote themselves to counseling and representing policyholder clients on insurance matters, both before and after claims are brought. If litigation or arbitration against the insurer becomes necessary, we have the trial and substantive skills needed to effectively represent our policyholder clients.

Our insurance coverage attorneys have experience evaluating and litigating disputes about many types of insurance, including:

  • Advertising injury and intellectual property
  • Aviation hull and liability
  • Business property and interruption
  • Commercial automobile
  • Commercial general liability
  • Construction and builders risk
  • Cyber risk
  • Employee benefits/health
  • Employment-related practices
  • Environmental legal liability
  • Excess and reinsurance
  • Fidelity and employee crime
  • Personal lines (homeowners and auto)
  • Product liability and recall
  • Terrorism coverage
  • War risk
  • Workers’ compensation

Thompson & Knight’s attorneys regularly counsel clients on insurance coverage and bad faith litigation, cyber risk, procuring stronger insurance programs, indemnification and additional insured contracts, and negotiation of supplemental premium or termination fees.

Received a first-tier ranking in Dallas for Insurance Law in U.S. News - Best Lawyers® “Best Law Firms” 2019

TK's Shelley Glazer and David White among five attorneys in Texas recognized for Litigation–Insurance by The Best Lawyers in America® 2019

Experience

  • Represented a steel processing plant in claims stage and trial in recovering business interruption loss as a result of Hurricane Ike
  • Represented a large oil and gas company in recovering coverage for liability damages resulting from a pipeline leak under an exception to the pollution exclusion in the policy
  • Represented a steel processing plant in defending against an insurer’s declaratory judgment action over defense of an underlying personal injury case; the insurer agreed to defend the client without reservation soon after the insured’s counterclaim was filed
  • Represented a large specialty food manufacturer in recovering losses resulting from one of the largest food recalls in U.S. history when genetically altered corn infiltrated the U.S. corn supply
  • Represented a national intercity bus company in recovering business interruption losses and other expenses resulting from the September 11 attacks
  • Represented a global airline in recovering business interruption losses and other expenses resulting from the September 11 attacks
  • Represented a large oil and gas company in recovering defense and indemnity payments from a primary and excess insurer arising out of a settlement with individuals who claimed permanent brain injury due to contact with hydrogen sulfide
  • Represented a U.S.-based aircraft leasing agent that leased a pair of commuter aircraft to a regional airline in Mexico regarding a crash in which the required insurance coverage for the leased aircraft was reduced contrary to the terms of the lease agreement, and the insurance carrier subsequently denied that any liability coverage existed under the policy
  • Represented a software manufacturing company after its liability insurer refused to defend or indemnify a copyright infringement action
  • Represented a large oil and gas company in recovering defense and indemnity payments as an additional insured under a contractor’s policy arising out of a refinery explosion
  • Represented a large corporation in a contingency fee case to recover insurance contract coverage
  • Represented a large oil and gas company in pursuing an excess carrier in international arbitration to recover amounts owed under the policy
  • Represented the owner of an apartment complex in pursuing bad faith and Insurance Code claims against its insurance carriers for tornado damages
  • Represented a major retailer in a suit against its insurance company underwriting its extended customer warranty program after the company hired to perform the service under the plans failed to do so, and the insurer failed to provide a substitute
  • Represented an employee leasing company in defending a coverage lawsuit brought by its workers’ compensation insurer to recover supplemental premium after termination of the policy
  • Represented a municipality in negotiating with its medical insurer, which was demanding extra premium after termination of the policy
  • Represented a large real estate developer in recovering insurance proceeds to pay for numerous defective foundation claims in an upscale housing development
  • Represented a large heating and air conditioning manufacturer in obtaining a declaratory ruling that its liability insurer owed the manufacturer a defense in a groundwater pollution case
  • Represented a floor coating company to recover from its insurer defense and indemnity payments in a liability lawsuit when the insurer applied the wrong state law
  • Represented a steel company in a claim against its insurer for product liability coverage arising from pipeline failure