Cooper & Scully, P.C. - Insurance Coverage and Litigation

Insurance Coverage and Litigation

Coverage

We have extensive experience representing and advising clients regarding a wide array of commercial and personal insurance. We can provide assistance with analyzing, and if necessary litigating, the applicable rights and obligations of the parties to all major lines of insurance, including:

General Liability
Casualty and Property
Directors & Officers' Liability
Errors & Omissions
Public Sector
Commercial and Personal Motor Vehicle
Professional Liability
Reinsurance

We can provide representation related to all types of claims which may implicate insurance coverage issues, including:

Criminal and civil actions arising out of alleged financial crimes and governmental investigations
Breach of fiduciary duty, shareholder derivative suits, antitrust, price fixing, and restraint of trade
Insurance agents and brokers’ alleged negligence in performing their duties
Municipal liability, and police, fire department and school board errors & omissions
Uninsured motorists coverage
Bodily injury arising out of catastrophic, workplace and product-related injuries
Property damage and business interruption claims resulting from catastrophic accidents (eg., fires, explosions, water intrusion) and natural events (eg. hurricanes, cyclones, earthquakes)
Workplace discrimination and sexual misconduct
Products and other manufacturing-related liability, including disputes regarding the allocation of losses among multiple insurers and policies, and liability and first party claims arising from product-manufacturing recalls
Claims against medical professionals, attorneys, or accountants
Construction liability claims, including architects and engineers’ professional liability policies, first-party property, environmental and builder’s risk policies, performance bonds, and “additional insured” claims
Intellectual property claims, including patent, trademark and trade dress disputes, copyright infringement, and unfair competition
Cyber-Torts, including technology, media and professional liability claims regarding allegations of cyber-extortion, as well as intellectual property and data breach claims
Environmental liabilities, including cleanups, petroleum contamination, and toxic torts
Fidelity claims, including embezzlement, employee crime, forgery, failed institutions and receiverships
International insurance claims, including arbitration and other international insurance recovery

Bad-Faith Litigation

With respect to direct claims of bad faith liability, Cooper & Scully understands what it takes to successfully litigate these claims, including the applicable standards, necessary discovery, and appropriate experts. Our attorneys have tried numerous cases to successful conclusion.

Carrier Representation

Our attorneys have the experience and skills to understand and analyze even the most complex insurance matters. We provide advice and representation related to all aspects of the law affecting the operations of an insurance related business, including evaluating exposure and assisting clients on steps to take to minimize risks. Some of the types of matters we have handled include:

Policy and Endorsement Drafting
Regulatory Authority Representation
Coverage Counsel

General Liability/Third Party Defense We have a keen appreciation for the unique goals and objectives of the insurance industry in handling claims and litigation in a cost-efficient and effective manner. We understand the need of the claims professional to maintain a close working relationship with defense counsel so that claims and litigation can be managed with case-specific goals clearly in mind. We are experienced in providing budgets and timely, substantive reports so that costs and benefits of claims and litigation can be continually assessed.

Cigna Lloyds Ins. Co. v. Bradley's elec., Inc., 33 S.W.3d 102 (Tex. App.BCorpus Christi 2000, pet. filed) (CGL carrier owed no duty to defend patent infringement suit under advertising injury provisions of policy)

Western Alliance Ins. Co. v. Northern Ins. Co. of New York, 176 F.3d 825 (5th Cir. 1999) (examining whether insurer can exhaust its policy limits in settling for named insured, to detriment of additional insured)

Hartman v. St. Paul Fire and Marine Ins. Co., 40 F. Supp.2d 837 (N.D. Tex. 1998) (statutory penalties under Article 21.55 did not apply to claims for recovery of defense costs)

Adams v. Great American Lloyd's Ins. Co., 891 S.W.2d 769 (Tex. App.--Austin 1995) (Employer's alleged negligent failure to include employee on health policy was not covered under CGL policy)

Northern Insurance v. Austin Commercial, Inc., 908 F. Supp. 436 (N.D. Tex. 1994) (No. 3:94-CV-0120-T) (no coverage for additional insured where no claim of negligence as made against named insured)

Hartford Ins. Co. v. Commerce & Industry Ins. Co., 864 S.W.2d 648 (Tex. App.--Houston [1st Dist.] 1993) (no coverage under auto policy for truck not owned by named insured)

Pennsylvania Nat. Mut. Cas. Ins. Co. v. Kitty Hawk Airways, Inc., 964 F.2d 478 (5th Cir. 1992) (analyzing sufficiency of ROR and whether insured prejudiced)

Laster v. American Nat. Fire Ins. Co., 755 F. Supp. 985 (N.D. Tex. 1991) (analyzing insured's duty of notice, cooperation and whether breach of negated coverage)

Allen v. Aetna Cas. & Sur. Co., 567 S.W.2d 547 (Tex. Civ. App.--Fort Worth 1978) (Board of Insurance was necessary party to action alleging that policies contained an endorsement contrary to applicable statutory provisions)

St. Paul Mercury Ins. Co. v. Recognition International, Inc., No. 3-97-CV0590-L (N.D. Tex., Feb. 2, 2001). No duty to defend or duty to indemnify for libel, slander, or belittlement claims under coverage B of CGL policy or excess policy.