Insurance

Insurance professionals seek the trusted advice of Shackelford attorneys for the broad range of insurance coverage counseling and claims advice. We also handle complex, high-stakes coverage and bad faith litigation, as well as large dockets of small cases where efficiency rules.

Shackelford’s Insurance Litigation and Coverage Group provides coverage analysis and advice for all types of commercial insurance including property, E&S, builder’s risk, inland marine, data breach and cyber liability, CGL, PL, D&O, oilfield, and financial services. Many Shackelford clients value our experience and expertise on claims and bad faith lawsuits arising from widespread catastrophes involving office buildings, retail complexes, residential and habitational commercial properties, and refineries.

We work efficiently to provide our clients with well-analyzed and practically useful written coverage analyses. We also work with our clients to skillfully navigate them through coverage disputes, with the goal of achieving the right result effectively and efficiently. Our team has achieved an exemplary record of summary judgments and trial judgments (jury and bench trials) in favor of our insurance clients. Our litigation team includes board certified trial lawyers and is strengthened by a powerhouse appellate group who has successfully obtained significant opinions from the highest courts on policy interpretation questions, as well as defended and overturned judgments. Our insurance clients include many of the most prominent insurers in this country and abroad, as well as smaller niche and mid-market insurers.

Our Experience includes:

• Extra-contractual and coverage analysis and advice concerning a wide spectrum of policies and claims
• Trials and appeals of coverage disputes and bad faith claims
• Counseling insurers, TPAs, and independent adjusters through claims handling challenges
• Representing insurers in enforcement matters
• Assisting insurers and MGAs in drafting and refining policy language
• HOME and CDBG programs

Notable experience:

• Trial counsel in obtaining of plaintiff’s bad faith and Insurance Code claims against commercial property insurer in claim involving roofer’s faulty workmanship in performing repairs that caused damage to the property’s interiors. AXIS Surplus Ins. Co. v. Mercer, __ F.Supp.3d __, 2021 WL 6135324 (N.D. Tex. 2021)
• Trial counsel in obtaining summary judgment for an insurance carrier against breach of contract claims exceeding $1M in alleged damage to a large warehouse building in Pasadena, Texas caused by Hurricane Harvey. Majestic Oil, Inc. v. Underwriters at Lloyd’s, London, 2021 WL 4502841 (S.D. Tex. Sept. 30, 2021)
• Trial counsel in obtaining of plaintiff’s business interruption claims based on losses from COVID pandemic, with court finding of lack of physical loss or damage and upholding microorganism and contamination exclusion. Beazley Underwriting, Ltd. v. Daniels Hospitality Group, LLC, __ F.Supp.3d __, 2021 WL 2582605 (W.D. Tex. 2021)
• Trial counsel in obtaining detailed appraisal award from umpire holding that insurer’s approach to claim accurately accounted for hurricane losses, despite plaintiff’s appraiser seeking over $50 million in additional payments. See Aransas Princess Condo. Assoc., Inc., v. Landmark Amer. Ins. Co., 2021 WL 8082774 (S.D. Tex. 2021)
• Trial and appellate counsel in obtaining dismissal of plaintiff’s bad faith and Insurance Code claims against commercial property insurer due to plaintiff’s failure to allocate its damages between covered and uncovered causes. Prime Time Fam. Ent’t Cntr., Inc. v. AXIS Ins. Co., 630 S.W.3d 226 (Tex. App.—Eastland 2020, no pet.)
• Trial and arbitration counsel in obtaining dismissal of plaintiff’s claims against independent adjusting firm pursuant to arbitration clause in the policy, despite the adjusting firm not being a signatory to the contract. Living Steward Props., Ltd. v. Certain Underwriters at Lloyd’s London, et al., 2020 WL 2527468 (S.D. Tex. 2020)
• Trial counsel in obtaining dismissal of plaintiff’s bad faith and Insurance Code claims against commercial property insurer due to plaintiff’s failure to allocate its damages between covered and uncovered causes. Starco Impex, Inc. v. Landmark Amer. Ins. Co., 2020 WL 3442842 (E.D. Texas 2020)
• Trial and appellate counsel for commercial property insurer in multi-week jury trial defending against breach of contract, fraud, and bad faith claims related to apartment complex fire, resulting in no liability finding and take nothing judgment on plaintiff’s seven-figure claims. Westview Drive Invs., LLC v. Landmark Am. Ins. Co., 522 S.W.3d 583 (Tex. App.—Houston [14th Dist.] 2017, pet. denied).
• Trial and appellate counsel in obtaining dismissal of plaintiff’s bad faith and Insurance Code claims after plaintiff was dissatisfied with appraisal outcome. Richardson East Baptist Church v. Phil. Indem. Ins. Co., et al., 2016 Tex. App. LEXIS 3267 (Tex. App.—Dallas 2016, pet. denied).
• Trial and appellate counsel in obtaining dismissal of plaintiff’s seven-figure claims against independent adjusting firm pursuant to forum selection clause in the policy, despite the adjusting firm not being a signatory to the contract. Chandler Management Corp. v. First Specialty Ins. Corp., et al., 452 S.W.3d 887 (Tex. App.—Dallas 2014, no pet.).
• Obtained the second “reverse bad faith” verdict in Texas, which resulted in plaintiff suing for bad faith received zero and had a six-figure judgement entered against the plaintiff in favor of insurer. Jury Orders Damages Paid to Defendant, Houston Chronicle, March 11, 1995, at A29. Second Plaintiff Stung by Reverse Bad Faith, Texas Lawyer, March 13, 1995, at 4.
• Trial counsel in arbitration among insurers disputing number of occurrences, obtaining high six-figure judgment awarded to client.
• Achieved hundreds of summary judgments and favorable resolutions in coverage/bad faith suits, commercial property claims arising from catastrophic losses, E & S claims, and liability insurance disputes, many of which involved eight and nine-figure damages models.
• Authored hundreds of coverage opinions involving different policy types: Commercial Property, Builder’s Risk, Inland Marine, Data Breach and Cyber Liability, Homeowner’s, CGL, PL, D&O, and EPL (sexual assault / harassment, ADA, discrimination).