Obtained summary judgment on a $1 million ERISA claim for business-travel accidental-death benefits arising from an airplane crash and affirmance on appeal in a case presenting significant issues concerning claims procedures, delegation of fiduciary responsibilities, standard of review, and plan interpretation.
5th Cir.; S.D. Tex.

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Obtained dismissal of a $1.6 million insurance coverage action based on a construction company’s voluntary payment to a property owner before liability was established.
Tex. Dist. – Harris

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Obtained summary judgment on an accidental-death ERISA claim and affirmance on appeal in a case addressing whether an insured’s self-administered care constituted “medical or surgical treatment” under a policy exclusion.
5th Cir.; S.D. Tex.

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Secured dismissal for lack of standing of a breach-of-contract claim arising from a force-placed insurance policy.
Tex. App. – Fort Worth; Tex. Dist. – Wise

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Obtained dismissal of an accidental-death ERISA action under a contractual limitations provision in a case presenting novel issues concerning pre-accrual limitations periods and their enforcement following administrative review.
W.D. Tex.

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Obtained dismissal of extra-contractual claims arising from commercial property insurance following completion of appraisal.
Tex. Dist. – Dallas

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Obtained dismissal of breach-of-contract and quasi-contract claims brought by a crime-scene decontamination company against an insurer following the denial of benefits to the decedent’s estate.
Tex. Dist. – Montgomery

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Represented insurers in numerous federal and state trial courts in matters involving catastrophe-related commercial and residential property claims, life insurance and accidental-death benefits, business-income losses, and additional-insured coverage.

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Prepared coverage opinions for insurers concerning construction-defect litigation, personal-injury claims, and ERISA accidental-death and dismemberment benefits in jurisdictions across the United States.