Texas Insurance Coverage Litigation: The Litigator's Practice Guide 2023

by Amy Elizabeth Stewart

Overview

Texas Insurance Coverage Litigation is a practice guide for Texas litigators who are handling insurance coverage lawsuits or who are confronted with insurance questions in a litigation context. It includes legal analysis, practical tips, forms, and annotations specific to Texas and Fifth Circuit practice.

Part I considers third-party liability insurance and focuses on the coverage and features of these types of policies: commercial general liability, professional liability, directors and officers liability, employment practice, fiduciary liability, cyber and privacy liability, and excess and umbrella.

Part II is an overview of key concepts that apply to insurance coverage lawsuits governed by Texas law, including the rules of construction and the obligations of both the insurer and the insured.

Part III examines all aspects of an insurance coverage lawsuit, including pre-litigation matters, pleadings and discovery, trial considerations, and post-trial proceedings.

Product Details

ISBN-13:	9781588526564
Publisher:	ALM Media Properties, LLC
Publication date:	09/28/2022
Sold by:	Barnes & Noble
Format:	eBook
Pages:	672
File size:	4 MB

About the Author

Amy Elizabeth Stewart
Amy Elizabeth Stewart is the founder and managing principal of Amy Stewart Law, a boutique law firm in Dallas that assists corporate policyholders with strategic advice relating to prelitigation claim negotiations and coverage denials, indemnity and insurance provisions in third-party contracts, insurance rocurement and renewal issues, and complex and high-stakes insurance coverage and bad faith litigation.

   Amy’s enthusiasm for insurance can only be described as infectious. For most people, insurance is a necessary evil—a buffer against a rising tide of risk. For Amy, the insurance disputes that inevitably arise present an opportunity to position clients for success.

   Having spent many years representing insurance companies, Amy has unique insight that makes her an invaluable resource for policyholders facing an insurance dispute or negotiating a new policy. Although insurance policies are filled with complex insurance terminology seemingly designed to confuse and obscure, Amy is fluent in insurance-speak. She provides clients with plain-English translations and ensures they understand their policies. A tenacious advocate, Amy has achieved outstanding results in complicated, high-stakes cases through diligent preparation and a meticulous attention to detail.

   Amy Stewart Law represents a wide range of corporate policyholders in Texas and across the country, from Fortune 100 corporations and large privately-held companies to family-owned businesses, colleges, and professional services firms. A Virginia native and graduate of the University of Virginia School of Law, Amy was named to the Texas Super Lawyers list of the Top 50 Women Lawyers in Texas and holds an AV rating by Martindale-Hubbell. In 2013, she was elected to the American College of Coverage and Extracontractual Counsel.

Amy has also been included on D Magazine’s list of the Best Lawyers in Dallas, the Dallas Business Journal’s 2011 list of the Top 25 Women in Business, and was selected by Dallas Women Lawyers Association as the recipient of the Outstanding Female Lawyer – Small Firm Award in 2017. Amy is actively involved as a sustaining member of Attorneys Serving the Community, a Dallas legal philanthropic
organization. In 2016, she completed Leadership Dallas, the Dallas Regional Chamber’s flagship leadership development program, aimed at providing the city with an ongoing source of diverse leaders who are committed to serving as catalysts for positive change in the Dallas area.
Amy Elizabeth Stewart
 
 Amy Elizabeth Stewart is the founder and managing principal of Amy Stewart Law, a boutique law firm in Dallas that assists corporate policyholders with strategic advice relating to prelitigation claim negotiations and coverage denials, indemnity and insurance provisions in third-party contracts, insurance rocurement and renewal issues, and complex and high-stakes insurance coverage and bad faith litigation.

   Amy’s enthusiasm for insurance can only be described as infectious. For most people, insurance is a necessary evil—a buffer against a rising tide of risk. For Amy, the insurance disputes that inevitably arise present an opportunity to position clients for success.

   Having spent many years representing insurance companies, Amy has unique insight that makes her an invaluable resource for policyholders facing an insurance dispute or negotiating a new policy. Although insurance policies are filled with complex insurance terminology seemingly designed to confuse and obscure, Amy is fluent in insurance-speak. She provides clients with plain-English translations and ensures they understand their policies. A tenacious advocate, Amy has achieved outstanding results in complicated, high-stakes cases through diligent preparation and a meticulous attention to detail.

   Amy Stewart Law represents a wide range of corporate policyholders in Texas and across the country, from Fortune 100 corporations and large privately-held companies to family-owned businesses, colleges, and professional services firms. A Virginia native and graduate of the University of Virginia School of Law, Amy was named to the Texas Super Lawyers list of the Top 50 Women Lawyers in Texas and holds an AV rating by Martindale-Hubbell. In 2013, she was elected to the American College of Coverage and Extracontractual Counsel.

Amy has also been included on D Magazine’s list of the Best Lawyers in Dallas, the Dallas Business Journal’s 2011 list of the Top 25 Women in Business, and was selected by Dallas Women Lawyers Association as the recipient of the Outstanding Female Lawyer – Small Firm Award in 2017. Amy is actively involved as a sustaining member of Attorneys Serving the Community, a Dallas legal philanthropic
organization. In 2016, she completed Leadership Dallas, the Dallas Regional Chamber’s flagship leadership development program, aimed at providing the city with an ongoing source of diverse leaders who are committed to serving as catalysts for positive change in the Dallas area.

Table of Contents

PART I  LIABILITY INSURANCE POLICIES
Chapter 1: Navigating the Insurance Policy
Chapter 2: Commercial General Liability
Chapter 3: Professional Liability: Errors and Omissions
Chapter 4: Directors and Officers Liability
Chapter 5: Employment Practices Liability
Chapter 6: Fiduciary Liability
Chapter 7: Cyber and Privacy Liability
Chapter 8: Excess and Umbrella Policies

PART II  TEXAS INSURANCE LAW—KEY CON-CEPTS
Chapter 9: The Ground Rules—Construction of Insurance Con-tracts
Chapter 10: The Insured’s Obligations in Event of a Claim
Chapter 11: The Insurer’s Obligations in Event of a Claim

PART III  THE INSURANCE COVERAGE LAWSUIT
Chapter 12: Pre-Litigation Considerations
Chapter 13: The Lawsuit—Procedural Considerations
Chapter 14: The Pleadings—Petition and Answer
Chapter 15: Litigation Planning
Chapter 16: Fact Discovery
Chapter 17: Alternative Dispute Resolution
Chapter 18: Pretrial Considerations
Chapter 19 : Jury Selection and Trial
Chapter 20: Appellate Issues