For many years, Steve has advised and represented clients in commercial disputes, including first party insurance disputes, many involving fire, hail, mold, windstorm and other catastrophes involving multi-family habitational properties, hotels, retail centers, office buildings and other commercial properties. Steve has advised and represented clients in connection with catastrophic accidents and other incidents that have resulted in personal injuries, property damage and business interruption.
While his experience includes first- and third-party insurance coverage matters, Steve has largely focused on analysis, evaluation and litigation of first-party insurance contractual and extra-contractual matters since 2000. In addition to representing insurers and adjusters in insurance litigation, Steve helps his clients avoid litigation by evaluating their insurance policies and claims practices before disputes arise. If a lawsuit is filed, his many years of experience allows him to evaluate the matter “early on” including realistically identifying actual risk, based not on mere allegations but on concrete evidence and the likely perceptions of a jury.
Representative Experience
- Lead trial counsel for commercial property insurer that, following a multi-week jury trial, obtained a take nothing judgment on contract, fraud and bad faith claims arising from an apartment fire, property damage and alleged business interruption
- Obtained summary judgment for property insurer sued in state court in North Texas for refusing to pay anything in response to a seven-figure claim for hail damage to a condominium property.
- Obtained summary judgment dismissal for property insurer on contractual and extra-contractual claims in the Western District of Texas where the policyholder gave the insurer notice of the storm damage claim after the contractual notice period.
- Obtained summary judgment dismissal on contractual and extra-contractual claims for property insurer in the Western District of Texas where the policyholder filed its lawsuit after the contractual limitations period expired following the denial of wind claim.
- Obtained summary judgment dismissal for property insurer on contractual and extra-contractual claims in the Northern District of Texas due to plaintiff’s failure to allocate its damages between covered and uncovered causes.
- Obtained summary judgment for property insurer sued in Harris County state court for contract and extra-contractual claims following an appraisal award arising from a claim for hurricane damage to a commercial property.
- Obtained summary judgment for property insurer sued in Dallas County state court for flood damage to a commercial property.
- Successfully arbitrated commercial property insurance dispute concerning the date of a hail storm that was alleged to have damaged apartment properties in Texas
- Defends insurers and adjusters in many high exposure first-party disputes involving catastrophes, fires, hailstorms, windstorms, water damage, mold, and construction defects in state and federal courts throughout Texas, typically involving property damage and business interruption disputes
- Advises clients concerning commercial property, general liability, builders risk and other insurance coverage disputes
- Advises clients in the chemical and energy industry in response to catastrophic incidents involving equipment failure, natural disasters, personal injury, and business interruption, as well as product liability issues and commercial disputes concerning contract interpretation, product allocation, pricing and other issues, including during force majeure events
- Successfully defended an industrial client involving significant property damage and lost profits at a Gulf Coast refinery
- Obtained summary judgment for excess insurer who was sued in federal court in North Texas for refusing to pay anything in response to a multi-million dollar claim for property damage and lost business income that was alleged to have resulted from defective construction of a multi-family property