Insurance Company
Resume:
LAW OFFICE OF
Michael Sean Quinn
www.qhq-law.com
www.MichaelSeanQuinn.com
Michael Sean Quinn
STE 202
Salado, TX 76571
Firm Telephone: 254-***-****
Quinn s Cell Phone: 512-***-****
Fax: 254-***-****
E-Mail: abqp3b@r.postjobfree.com
PRINCIPAL PRACTICE & WORK AREAS: An Unelaborated Outline. (Not certified by
Texas Board of Legal Specialization. (Then again, that Board does not certify in all areas,
e.g., insurance law, legal malpractice, breach of fiduciary duties by lawyers, and others.))
Insurance Law and Litigation: Currently, (1) mostly expert witness in insurance cases of a
variety of sorts, including bad faith, litigation and negotiation of insurance coverage disputes,
litigation of insurance bad faith claims, coverage opinion work, bad faith counseling, problems
involving intermediaries, reinsurance litigation, and arbitration. (Historical and current).
(2) In addition, I consult on insurance cases of many sorts and on insurance lawsuits.
Other Litigation: malicious prosecution, attorney problems, mass tort property damage
product liability cases (subrogation), negligent inspection in insurance cases, employer-
employee problems arising out of termination, such as misappropriation of trade secrets,
violations of covenants not to compete, and wrongful discharge, business entity dissolution
and attendant torts; general tort and business. (Mostly historical)
Law of Lawyering: (1) Expert witness on lawyer conduct, counseling and litigation: attorney
malpractice (broadly conceived), attorney fiduciary duties, attorney grievances, problems in
legal ethics (e.g., conflicts), expert witness on legal fees. (Current and mostly more recent
history). (2) Advice mainly to lawyers, and consultation in malpractice, fiduciary duty, and
types of alleged lawyer misconduct suits or near suits.
EXPERIENCE: PREVIOUS WORKPLACES
After Law School: Law Firms Some History:
QUINN, SEELIG [AND THEN HAYES] & QUINN (10/2001 -2011)
5511 PARKCREST
Austin, Texas 78731
(Names and addresses confusing.)
JORDAN, QUINN & CARMONA 09/2002-05/2004
1221 S. MoPac Expwy., Suite 300
Austin, Texas 78746
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[Solo practice within coop group]
BELL, TURNEY, COOGAN & RICHARDS, L.L.P., OF COUNSEL ( EWYK ) 2001-2002
823 Congress Ave., Suite 706
Austin, Texas 78701
SHEINFELD, MALEY & KAY, Shareholder 1999-2001
1997-1998
301 Congress Avenue, Suite 1400
Austin, Texas 78701
ZELLE & LARSON, Partner 1988-1995
3000 One Main Place
1201 Main Street
Dallas, Texas 75202
ROBINS, ZELLE, LARSON & KAPLAN, Partner 1986-1988
Associate 1983-1986
2700 Nations Bank Plaza
901 Main Street
Dallas, Texas 75202
MEYERCORD, STEPHENS & BARTHOLOW (Dallas) 1981-1983
DURANT, MANKOFF, DAVIS, WOLENS & FRANCIS (Dallas) 1980-1981
(I clerked here as well. I also clerked at Akin Gump and
Vinson Elkins.)
After Law School: Academic Appointments
Adjunct Lecturer Undergraduate College
University of Texas at Tyler Spring 2008
Adjunct Lecturer Law School Spring 2003
University of Houston Spring 2004
Course: Life and Health Insurance
Adjunct Lecturer Department of Advertising 2002
School of Communications
University of Texas at Austin
Course: Advertising and Society
Visiting Professor
(Part Time) University of Texas--Law School 1998-2001
Austin, Texas 78705-3299
Professional Malpractice--Legal (Fall 1999)
Insurance Law (Spring 1999)
Contemporary Contract Theories (Spring 2001)
Texas Pretrial Procedure (Fall 2001)
Texas Trial and Appellate Procedure (Spring 2002)
St. Edward s University
Adjunct Faculty 2001
Executive M.B.A. Program
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Austin, Texas 78704
Business Law and Ethics (Spring 2001, Fall 2001)
Insurance and Risk Management (Summer 2001)
Visiting Professor
(Full Time) University of Texas--Law School 1995-1997
Austin, Texas 78705-3299
Insurance; Texas Pre-Trial Procedure;
Professional Responsibility (Legal Ethics);
Professional Malpractice
Adjunct Lecturer Southern Methodist University--Law School 1984-1985
Dallas, Texas 752**-****-****
Texas Pretrial Procedure; Texas Trial and Appellate
Procedure; Jurisprudence; Insurance Law
Adjunct Lecturer Southern Methodist University 1981-1991
Department of Philosophy
Dallas, Texas 75275
Jurisprudence (Philosophy of Law)
During Law School
I clerked at five law firms including Durant, Mankoff (Dallas), Akin, Gump (Dallas), Vinson & Elkins
(Houston), and Quinn & Peebles (Kansas City).
Before Law School
Assistant Southern Methodist University 1970-1977
Professor Department of Philosophy
Dallas, Texas 75275
I have also taught at the University of Texas--Dallas, the University of Maryland, Chatham College,
and the University of Pittsburgh. In addition, I held the usual assortment of youthful jobs: waiter,
store clerk, camp counselor, hod carrier, library assistant, typist, and the like.
EXPERIENCE: TRIAL WORK
1997- : Insurance coverage; insurance bad faith, litigation and arbitration of insurance
and reinsurance disputes; lawyer conduct; and general litigation.
1990-1995: Insurance bad faith, insurance coverage, and murder cases.
1985-1990: Product liability and negligent inspection cases.
1980-1990: Employment law, business litigation, and divorce.
EXPERIENCE: APPELLATE WORK
The appellate work I have handled involves a variety of issues in state and federal appellate courts,
including the Texas Supreme Court and the Fifth Federal Circuit. Some of the issues involve
insurance, insurance bad faith, criminal matters, family law matters, the conduct of covenant not to
compete and related matters, and a few other assorted issues.
EXPERIENCE: EXPERT WITNESS ENGAGEMENTS: SEE APPENDIX ONE
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Most of my expert witness testimony has been in the area of insurance* and the conduct of lawyers.
Occasionally, I have testified on the value of attorneys fees.
*Adjuster License: All Lines: Texas #1305972.
LAW AND LAW RELATED PUBLICATIONS: SEE APPENDIX TWO
EDUCATION: COMPLETED
UNIVERSITY OF MISSOURI AT KANSAS CITY SCHOOL OF LAW, J.D. 1980
(started Law School at Southern Methodist University, Dallas, Texas)
UNIVERSITY OF PITTSBURGH, Ph.D. 1973
Subject: Philosophy. Focus: Philosophy of Law = Jurisprudence, Ethics. Minor : Political Theory.
UNIVERSITY OF PITTSBURGH, M.A. 1968
Subject: Philosophy.
UNIVERSITY OF TEXAS AT AUSTIN, B.A. 1965
Major: Philosophy. Minor: English.
EDUCATION: COMPLETED CONTINUING EDUCATION (NOT INCLUDING CLE)
CPCU [ Chartered Property and Casualty Underwriting ] Program. Awarded 2001. This is a program
in various insurance matters offered by the American Institute for Chartered Property Casualty
Underwriters, the Insurance Institute of America, and the Insurance Institute for Applied Ethics. I have
completed all of the ten courses towards the CPCU designation. They are as follows: Ethics,
Insurance Perspectives and Insurance Contract Analysis, Personal Insurance and Risk Management,
Commercial Property Insurance and Risk Management, Commercial Liability Insurance and Risk
Management, Insurance Operations, The Legal Environment of Insurance, Management, Insurance
Economics, Insurance Accounting, and Liability Adjusting. (This sequence of courses is counted as a
substantial part of the work towards a Master of Science in Insurance Management by Boston
University and similarly towards an MBA by Walden University.)
AIC [ Associate in Claims ] Program. Awarded 2001. Property Loss Adjusting and Liability Claims
Practice. (The program is offered by the same groups that offer the CPCU.) Plus: Workers
Compensation and Managing Bodily Injury Claims (2003).
AU [ Associate in Underwriting ] Program. Awarded 2001. General Principles of Underwriting and
Property Underwriting, Advanced Underwriting Techniques and Liability Underwriting, plus CPCU
courses. (This program is offered by the same groups that offer the CPCU and the AIC.)
ASLI [ Associate in Surplus Lines Insurance ] Program. Awarded 2002. Surplus Lines Insurance
Principles, Surplus Lines Practices, plus CPCU courses. (The program is offered by the same groups
that offer the CPCU.)
AFSB [ Associate in Fidelity and Surety Bonding. ] Program. Awarded 2002. Principles of
Suretyship, Contract Surety Bonds, Commercial Crime Insurance, and Financial Institutions Bonds.
AMIM [ Associate in Marine Insurance Management ] Program. Awarded 2002. Ocean Marine
Insurance, Inland Marine Insurance.
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AIS [ Associate in Insurance Services ] Program. Awarded October 6, 2003. Additional Course
Work in Delivering [High Quality] Insurance Services.
Miscellaneous Courses: Insurance Regulation.
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ACTIVITIES AND RECOGNITION
After Law School
True Texas Legend in Insurance Law. (Recognition from the Texas Bar CLE and the Insurance
Law Section of the State Bar of Texas. Plaque and Award: April 1, 2005.
Texas Super Lawyers [List]. LAW & POLITICS/TEXAS MONTHLY 90, 146 (October 2004). (Listed in
the Insurance Coverage section. There are a large number of ads in the publication. They do not
apply here, since none of them is mine.)
Member, Editorial Board, INSURANCE LITIGATION REPORTER (2001-08).
Distinguished Teaching Award (2001). This was presented by the Texas Center for Legal Ethics
and Professionalism.
Chair, Insurance Section, State Bar of Texas (2000-2001). Member, Board of Directors (1998-
2001).
Member, Editorial Board, BAD FAITH L. RPTR (2000-01). (This entity was merged into the
INSURANCE LITIGATION LAW REPORTER, where I am an editor of some sort.)
Co-Chair, Bad Faith Sub-Committee, American Bar Association, Section of Litigation Insurance,
Coverage Litigation Committee (1997-99).
Member, Planning Committee for CLE Program: Texas Insurance Law Symposium, South Texas
College of Law (1998-2000).
Chair or Co-Chair, Planning Committee: Annual Insurance Law Institute, University of Texas
School of Law (1996-2002).
Recipient, Outstanding Law Journal Article Award (1998). This was presented by the Texas Bar
Foundation.
Member, Editorial Advisory Board, ENVIRONMENTAL CLAIMS JOURNAL (1996?-2006).
College of the State Bar of Texas (1991-2007).
Law School
Class Standing: 4th (? I think.). American Jurisprudence Awards for Highest Grade Received:
Torts I (SMU), Criminal Procedure, Creditor Remedies (tie), Land Use Planning, Constitutional
Law II (Governmental Powers), Natural Resources, and Commercial Transactions (tie). Law
Review: Articles Editor, UMKC LAW REVIEW; Associate Book Review Editor, URBAN LAWYER.
Before Law School
Post-doctoral research grants from the National Endowment for the Humanities and Southern
Methodist University; was Andrew W. Mellon Fellow in graduate school for two years; elected
Phi Kappa Phi as an undergraduate.
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APPENDIX ONE: EXPERT WITNESS ENGAGEMENTS
(Left Hand Margin: T= Trial Testimony; H= In-court hearings; D= Deposition; A = Arbitration.
I have not listed cases in which I was retained to testify but did not or cases in which I was
retained to consult only. When there is both trial and deposition testimony, both are put
together under the date of the trial testimony.
D Vela v. Compos, (County Court at Law, Cameron County, Texas #2008-CL-813-C).
Deposition Taken April 1, 2011. Topics. Problems in the context of agent actions and
Insurance adjustment. Construction project: Issues: way agent signed application for
premium financing, consequential cancellation of policy, problems with end of policy
period,
reading of policy by insurer, including inferences from knowledge of occurrence, to date
of occurrence, the definition of subsidence and insurers statutory bad faith.
D Marquis Acquisitions, Inc. v. Steadfast Ins. Co., (County Court at Law # 2, Dallas County,
Texas # CC 09-04702-B).
Deposition Taken: March 16, 2011. Topics: Legal Conflicts, especially 1.06, mostly con-
Concerning defense lawyers and the liability insurer. In addition attorneys fees are an
issuee in the case, and I am designated to testify on this issue.
Retained by the defendant-insurer.
D Menchaca v. USAA Texas (9th Judicial District, Montgomery County, Texas) Deposition:)
Taken February 23, 20ll. Topic: Payables for residence with property damage caused by
Ike: principal focus = roof. I principally testified on insurer bad faith in adjustment.
D Philadelphia Indemnity Insurance Company v. C.R.E.S. Management L.L.C., (S.D. Tex.,
Houston Div. #4:09-CV-01032). Deposition Taken: December 15, 2010. Topic: Whether
the Insurer was guilty of either or both statutory and/or common law insurer bad faith in a
several large or relatively large apartment and/or condominium commercial buildings in
or near Houston Texas caused by Ike.
Bisland v. Financial Indemnity Co., (428th Judicial District, Hays County Texas.)
T D
Testified in jury trial. November 10, 2010. Deposition taken: September 25, 2009.
Topics: Insurer management of an underlying liability case pursuant to its duty
and right
to defend, various Stowers-looking problems, plus the insurer s treatment of one of the
insureds, where his claim ended up being assigned to the victim-plaintiff in the underlying
suit (This could be called, metaphorically, as liability insurer claims-litigation
malpractice. )
D Andrea, M.D. v. Schmidt & Hoffer, L.L.P., (127th Judicial District Court, Harris County
D
Texas. Taken twice: August 13, 2009 [215 pp.] and August 28, 2009 [118 pp Topic:
legal malpractice and breach of fiduciary duties. Themes: (1) Almost completely
worthless case costing substantial sums to pursue but done anyway though both facts
know early to the lawyer. (2) Title to patent at stake should have determined much
more easily and less costly by a competent and knowledgeable person. (3) No
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lawyer should ever call his client a criminal in the context of adversarial litigation. If the
statement is true, it is probably a pro- found breach of fiduciary duties; if the statement is
false, it is defamatory and therefore is still a breach of fiduciary duties. And so on, down
a long, long list. Perhaps these should be counted as two depositions, but the lawyers
in the litigation, did not do so, so neither will I.
D Sentry Select Insurance Company v. Hosmer, 08-4254-CV-C-NKL (W.D. Mo.) Depo.
Date: 10/12/2010, or there about. Topic: Among others: the duties etc., if any, running
from a liability insurer to an insured who was not a party to a lawsuit.
D Scottsdale Commercial Development, Inc. v. Euler American Credit Indemnity Company,
No. CV2008-027700 Maricopa County, Arizona). Depo. Date: August 31, 2010. Topic:
Policy interpretation, adjustment performance and practice & bad faith with respect to all
of the former by a credit loss insurer.
T D Mid-Continent Casualty Company v. Eland Energy, Inc and Sundown Energy LP, No.
3:06-CV-1576-D (BF)(Lead Case)(c/w 3:06-CV-1578-D)(N.D. Tex. 2006). Deposition
taken on December 5, 2007. Trial testimony, August 26, 2010. Topics: Katrina-caused
oil spill, related insurance, allegations of bad faith, perhaps plus very strange,
erroneous, and unsupportable policy interpretations by the expert witness for the
policyholder.)
D Birchman Baptist Church, Inc. v. United Fire Lloyds, No, 342-******-**; 342nd District
Court, Fort Worth, Texas. Deposition Date: June 7, 2010. The litigation concerns suit for
property damage covering hail damage and for recovery under the policy, plus insurer bad
under both the common law and various statutes.. My testimony is on bad faith and it mainly
concerned the insurer s decision to deny the claim being based on insufficient and poorly
reasons. This testimony partly concerned the quality and logic of the insurer s investigation.
T Bledsoe v. Simmons, No., CV-06-741 424th Judicial District, Blanco County, Texas (2009).
In this case, the plaintiff alleged legal malpractice and breach of fiduciary duties against the
attorney who represented her. Some attorney s fees were incurred in the underlying case, so
they were part of the damages. I testified as to each of the preceding matters. The date of
my testimony was March 8, 2010.
D Nevarez v. Wellington Insurance Company and Standard Guaranty Insurance Company,
No. D-1-GN-07-002-0024; 200th Judicial District, Travis County Court (2007). The case I am
testifying in is an arbitration proceeding between the two insurers growing out of purely
insurer v. insurer litigation which in turn grew out of the litigation cited above. The issue in
the arbitration is whether the Wellington policy was in effect on the date of a fire at the
Nevarez residence. (D: March 4, 2010. The principal topic was as just stated, plus the
evidence upon
which I rely for my opinions and my reasoning.) I was originally retained to testify on insurer
bad faith in the underlying Nevarez but that case was settled close in time to trial.)
D Double Diamond Properties Construction Company v. NuWest Golf Course Construction
Company, No. 71-110-J-00055-09, American Arbitration Association. Deposition given on
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February 25, 2010. Principal topics: requirements of 11.4 required of the Owner with respect
to the Contractor? Did it have to be a Builder s Risk policy? How should the term soft
cost be understood? If an Owner fails to purchase, arrange for, or notify the Contractor
regarding insurance, is the Owner to be understood as the Contractor s insurer (or something
its insurer). And so forth.
D Salazar v. Medina, No. 09 2-24170-MCV, 293rd Judicial District, Maverick County, Texas.
Deposition given on January 29, 2010. Issues. Did the activities of two insurance
intermediaries, who were employees, officers of, and owners of the same insurance agency,
which did not involve the procurement of an insurance policy but which may have been
related to that activity constitute part of their business of insurance? (The issues
extended beyond that into other matters, but they did not pertain so directly and
precisely to issues of insurance. They surely include issues areas of corporate or
business ethics and responsibility, plus issues of torts and civil procedure. It is
important to know
that an insurance agency is a key defendant in this case.)
A LaSalle National Bank, N.A. v. American International Speciality Lines Insurance Company,
(American Arbitration Association, Case No. 13 195 Y 00359 06) Testimony Given: Nov. 17-
20, 2009 and January 5-7. 2010. Issues: insurance bad faith allegations first raised by the
insured, but eventually raised by each side against the other under Delaware law. I testified
to the insurer and against the insured. (I had given two previous depositions in this case.
D National Union Fire Company v Continental Casualty Company, (No. 07-CV-11073 (WHP)
S.D.N.Y.) Given, in part: December 7, 2009). Principal topic: whether it was bad faith for
an insurer to deny coverage under an engineering malpractice policy to deny coverage,
after no empirical investigation, when an insured engineering firm was engaged in
complex and highly technical repair of a commercial power generator, at least in part
based upon its view that only design related engineering functions were insured, even
though that
proposition was not to be found in the policy.
T Parsons v. Greenberg (No. 017-******-**, 17th Judicial District, Tarrant County, Texas)
Given: November 3, 2009. Topic: legal malpractice in the service of process following the
closing the statute of limitations window, in turn following the second year after the man-
date in the relevant appeal in the underlying case. I testified for the plaintiff who
represent-
ted himself pro se. The fundamentals of this case as presently tried can best be under-
stood by reading Parsons v. Turley, 109 S.W.3d 804 (Tex. App. Dallas, 2003, rev.
den d)
Park Memorial Condominium v. Lexington Insurance Company, No. 2007-38187 (133rd
D
Judicial District Court, Harris County Texas, Taken Friday May 8, 2009). Topic: Why does
the plaintiff believe it has a bad faith case against the insurer. Or, put differently, upon
what facts does the plaintiff believe it has a bad faith case against the insurer. I was de-
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signated by the plaintiff to testify for it under Rule 199.2(b)(1). The designated topic was
what the plaintiff organization believed about the insurer being in bad faith.
D Gray [M.D.] v. UnumProvident Corp., No. 2:08-CV-0209 (U.S. Dist. Ct., S. Div. of Texas,
Corpus Christi Div., Taken: April 14, 2009). Disability coverage and bad faith dispute.
Involving eye problems following retina surgery and an own occ policy. Quinn s view:
Inadequate investigation and poor analysis of what there was.
D Park Memorial Condominium Association, Inc. v. Lexington Insurance Company, No.
2007
-38187) 133d Judicial District Court, Harris County, Texas). Date given: January 30,
2009.
Topic: bad faith in the adjustment of a property damage claim.
T Shiddell v. Kent Bevan & Dysart Taylor, Lay Cotter & McGonigle, P.C., # 04 CV 238165
(Circuit Court, Jackson County, Kansas City, Mo., Div. 15) Topic: Insurance intermediary
sued both an insurer both an insurer and its coverage and litigation counsel for malicious
prosecution. This phase of the suit hinged mainly on the obtaining of a judgment which
would be within the coverage of the law firm s malpractice policy.) (Date: Jan. 14, 2009)
T D Gunter v. Oklahoma Farm Bureau Mutual Insurance Company, No. CJ-2006-529 (Dist.
Court of McClain County, Oklahoma) Date Taken: December 15, 2008) Topic: insurer
bad faith in an UM/UIM case involving a rotator cuff tear caused by a MVA from the rear.)
(Trial Testimony: Friday, 27, 2009)
D American International Specialty Lines Insurance Company v. LaSalle Bank N.A.,[etc] #
12-19-003**-** (American Arbitration Association). Date Taken: December 12, 2008.
Same topic as below. Focus on rebuttal-refutation reports and deposition of experts re-
tained by LaSalle.
D Bradley v. Prudential Insurance Co of America, Texas Medical Association, Texas
Medical Association Insurance Trust, No. 07-0582 (Dist. Ct. 192, Dallas County, Texas).
Date of Deposition: November 23, 2008). Topic: Group disability insurance and its
Various certificate of insurance, etc.
D Beaird v. NRT Texas dba Coldwell Banker Residential Brokerage Co., 06-5794 (N.J.,
(FSH),200X). Date Taken: Nov. 22, 2008). Topic: whether a liability benefit program for
real estate sales associates (aka agents) designed to fit into the large deductible of an
E&O policy was itself insurance and hence whether CB s handling of a suit against a
former sales associate was proper, etc.. This was filed seeking class action certification.
D American International Specialty Lines Insurance Company v. LaSalle Bank N.A., [etc] #
13-19-003**-** (American Arbitration Association). Topic: Coverage, Bad Faith,
Cancellation (perhaps), Lawyer Conduct. Date Taken: November 7, 2008. The type of
in-
surance involved was loan insurance involving both pollution and secured collateral.
Cloeren Inc. v. St. Paul Travelers, [etc.], B-060,470-C (260th Judicial District Court of
D
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Orange County, Texas) Date taken: October 5,2008. Topic: bad faith and issues of
Business Income (aka business interruption) coverage mostly arising out of Rita.
D Davis v. Farmers Insurance & Truck Insurance, (195 Dist.
Ct.Houston
Texas) Date Taken: October 17, 2008. Topic: Suit against related companies; P was an
employee of one (Farmers) and insured by the other (Truck) where the insurer s ad-
justers were employees of her employer. Central allegation: They mismanaged the
defense of Davis in an accident and then refused to pay the legal fees of independent
counsel she selected.
T D Pam Bruse for the Estate of Leila Grace Burford v. Western Surety Company, 0716-CV
28228 (Circuit Court of Jackson County, Mo. at Kansas City) Date Taken: October 15,
2008) Topic: Surety bond as insurance and the applicability of the law of bad faith, in-
cluding the Missouri vexatious refusal statute. Trial: March 6, 2009. Principal Ques-
tions: (1) Is a probate bond a type of insurance? Answer: Yes. (2) Was the adjustment
conducted by Western Surety characterisable as bad faith under generally received
industry practices and Missouri law Answer: Yes.
Industrial Safety Training Council v. XL Lloyd s Insurance Co. et al, E-178,685 (Tx. Dist.
D
Ct. #172, Jefferson County, Texas, 2007). Date Taken: September 9, 2008) Topic: Rita
Losses coverage, amounts, claim handling, and bad faith.
D Skinner v. McCullar, GN-4033265 (Tx. Dist. Court #250, Travis County, Texas, 20XX).
Date Taken: September 5, 2008. Topic: legal malpractice in the trial of a divorce case
which was tried before a jury, in so far as it could have been, among other things.)
D Mid-Continent Casualty Co. v. Bay Rock Operating Co., St Paul Surplus Lines In. Co.,
&c., SA-07-CA-027-OG (W.Tex., July 30, 2008). Topic: blow-out of gas well and which
Insurer owed what.
T Gouverne v. Care Risk Retention Group, Inc., 2:07-CV-206 (S.D. Tex., Corpus Christi
Div., June 10, 2008). Topic: whether the plaintiff, a plastic surgeon, deliberately failed
to disclose relevant information in his application for medical malpractice insurance
even though the application required the disclosure; the application was included in the
policy; and the applicant had warranted that he told the whole truth. An attorney from
Lorance & Thompson took the direct testimony, and Paul Dodson cross examined.
D Coachman Industries, Inc. v. Royal Surplus Lines Insurance Co., 3:06-CV-00959-
HWM-
HTS (M. D. Fla. 19XX). Date taken: May 16, 2008. Topic: whether Royal s conduct
was
far enough outside the accepted norms of liability insurer conduct that the suit it brought
against Coachman after it settled a death case for it and lost constituted a violation of a
standard which governs the tort of malicious prosecution. The malicious prosecution
as it now exists was set up by the opinion in Royal Surplus Lines Insurance Company
v. Coachman Industries, Inc., 184 Fed. Appx. 894, 2006 WL 1674261 (11th Cir. 2006),
which opinion was modified slightly in one part by a supplementary opinion which is not
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to be found even on WestLaw. (This case settled a week after my deposition.)
The deposition was taken by Fay Ryan of the Butler Pappas firm in Florida, and the
record was protected by John Glenn of the AndersonGlenn firm in Florida.)
Bryce v. Unitrin Preferred Ins. Co. &c., 06-951-C277 (277th Dist Ct., Williamson
TH
County).
Date: May 12, 2008. Topic: expertise qualifications under Rule 702. The court denied
Plaintiff s motion to disqualify Quinn on June 2, 2008. Veronica Carmona Czuchna con-
Ducted the direct examination, and Mark Kincaid conducted the cross. I testified at the
On June 23, 2008; the direct examination was conducted by Czuchna and another by
Tom Culpepper, for the agent, and the cross again was conducted by Kincaid.
D BillMatrix v. Higginbotham Insurance Agency & McQueary Henry Bowles Troy, LLP
Numbers 05-11743 & DC-05-11740-D. (95th District Court, Dallas County, Texas)
Taken: April 4, 2008. This is suit against insurance agents-or-brokers for failure
to procure a requested type of insurance policy, and/or a failure to give notice or
explain and/or advise, among other things. The deposition was taken by Thomas
Culpepper (Thompson Coe for Higgintham) and Gregory Blaies (for McQueary).
Eric Fein protected the record.
D E.A.Renfroe & Company v. Moran & Rigsby, No. 06-WMA-17532-S (N.D. Ala., S. Div.
Birmingham). Date taken: January 30, 2008. Topics: Katrina related. Employment
contract of independent adjuster, its relation to a contract-based Code of Ethics, etc
D Delilah Media Group, L.P. v. Aon Risk Services of Texas, Inc., No. 06-08627-E (County
Court at Law #5, Dallas County, Texas). Deposition taken on January 16, 2008.
Topics:
insurance intermediary charging both fixed fee and commissions after having agreed
not to do so; whether the fixed fee was unconscionably large, whether there had been
false advertising, whether the intermediary has told the truth to or concerning its cus-
tomer, which includes the well known night-time DJ. (This case settled shortly after
my deposition.) Jennifer P. Adams from Baker Botts took the deposition, while a part-
ner from K&L Gates/Hughes & Luce (Clayton L. Falls?) protected the record.
D Coachman Industries, Inc. v. Alternative Service Concepts L.L.C., and Willis of Illinois,
No. 06-0892 (S.D. Tex. 2006). Deposition taken on December 6, 2007. Topics: Late
notice to an excess liability carrier and the causation responsibility thereof regarding an
underlying fire case. (The Alternative Service Concepts branch of the case has settled
but the Willis portion is moving toward trial.)
D Travelers Property Casualty Company of America v. National Union Insurance Company
of Pgh, Pa., No. 4:06-CV-946 (W. Mo. 2006). Deposition taken on November 20, 2007.
Topics: whether the Top-Down Purported Rule was actually a rule and whether it could
be justified, how the forgoing issue relates to the economic loss rule, whether a primary
carrier had a duty of good faith an fair dealing to an excess carrier that had declined to
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participate in a subrogation action, whether it would be malpractice for a lawyer to
advise an excess carrier not to participate; the meaning of odd policy wording, and so
forth.
Gressler v. Medical Protective Co, No. 95-10027-F (116th Judicial District of Dallas
D
County, Texas) Topics: insurer bad faith re duty to defend, attorney malpractice and
breach of fiduciary duties in connection with an underlying bad mal case in which a jury
entered a $600MM verdict which was highly publicized. October 4, 2007: This was the
first 6 hours of the deposition and there will be more to come. There are three lawyers
defending; only the first took up the 4th, and he was then no through. The second part of
the deposition occurred on January 23, 2008, and it lasted approximately 5 hours, or so.
D Marketfare Annunciation v. United Fire & Casualty Co., No/s. 06-7232, C/W -7639,
-7543, and -7644 (E.D. La. 2006). Katrina case involving several grocery stores. Issues:
flood v. wind-and-rain, plus insurer bad faith. (Deposition: Two-thirds of a workday
affair, taken on September 14, 2007 in New Orleans.)
D Empire Funding Holding Corp. & Island Wood Investments, LLC. v. Hohmann, Taube, &
Summers, LLP & Eric Taube, No. GN 304035 (345th Judicial District of Travis County,
Texas). Topic: Legal malpractice etc. arising out of problems generated by a loan
closing and related security interests including a UCC-3--in relationship to a
bankruptcy, etc. (Depositon: All day affair taken on August 21, 2007 in Austin, Texas)
D Zurich American Insurance Company v. Sabre, Inc. v. National Union, No. 48-216486-
06 (48th Judicial District of Tarrant County, Texas). Topic: insurer bad faith. Underlying
case: suit by Northwest Airlines against Sabre regarding antitrust, defamation,
disparagement. Issues: Zurich s handling of the underlying case re defense and
indemnity and whether its conducts met the requirements of statutory good faith and fair
dealing. (Nearly an all day affair taken on August 1, 2007 in Austin, Texas.)
D Southern Athletic Club v. The Hanover Insurance Company, Property Loss Consultants,
L.L.C., & Aparicio, Walker, & Seeling, and Ron Davis, No. 105-943 (34th Judicial
District, Parish of St. Bernard, 2006). Topic: Katrina coverage. Problems: Agent,
Insurer, Independent Adjuster. My report was on all three topics. By the time of my
deposition only the intermediary was at issue, and it settled within a week of my
deposition and several days before trial. (Deposition: June 5, 2007 approximately a
1/2 day affair.)
Pool v. Allstate Texas Lloyds, No. GN303334 (126th Judicial Dist., Travis County, Texas,
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April 27, 2007). Topic: Attorneys Fees.
D K-Bin & Shintech v. Austin Industrial, Zurich American Insurance, & British American
Insurance, No. 10498*BH99-1 (23d Judicial Dist., Brazoria County, Texas) (D: January
10, 2007; Austin, Texas; all day affair.) Among the issues were these: Was BrAm guilty
of statutory bad faith in dealing with the plaintiff s claims? Same for Zurich, an excess
carrier? What about coverage for the Austin Industrial indemnity agreement? Was the
plaintiffs settlement for $10mn in the underlying burn case recoverable from its liability
insurers? And so forth.
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D Haskell Co. & Liberty Mut. Ins. Grp. v. Berkley Ins. Co., &c., No. 05-CVS-10610
(Mecklenburg Cnty., N.C.)(D: July 14, 2006; Richmond, Va.) Among the issues in this
insurance case are the following: Was Haskell an additional insured under a policy
issued to one of its sub-contractors? Did Berkley properly deny coverage to its named
insured upon the grounds of non-cooperation? Was notice proper? What exclusions
applied, if any? Was there any bad faith of any kind applicable? What are Liberty
Mutual s subrogation rights, if any? And so forth
D Hargrove[s] v. Auto Club Family Insurance Company, No. 2:05-CV-02009-JWL (D. Ks.--
Kansas City) (D: June 9, 2006). This was a coverage and bad faith case involving a
couple who owned a home in Olathe, Kansas, who suffered some physical injury to the
house as the result of a hail storm, and who were extremely dissatisfied with the
adjustment performance and decisions of the insurer. I was asked to testify on bad faith
and related topics, after an expert was designated by the plaintiffs and deposed. Just
before trial, the judge apparently removed the bad faith issues from the case, under
Kansas law.
D Cleveland Inspection Services, Inc. v. Evanston Insurance Co. and Markel Insurance Company,
No. 2001-58701 (189th District Court of Harris County, Texas) (D: April 28, 2006). This was a
coverage and statutory bad faith case arising out of an engineer and architect professional
service policy and the meanings of the phrases professional services and inspection services,
and perhaps the word inspection. The underling case involved a natural gas explosion and
the One Call System.
Wireless Communications Technology v. Hale and Dorr, LLP, No. 2002-51474 (S.D. Tex.
D
Houston) (D: March 24, 2006). Deposition pertains to malpractice in a corporate lawyering context
by outside counsel. The problem involved an inter-state reorganization of a Utah corporation,
doing business internationally (and especially in Africa), run in Texas and perhaps Oklahoma by
some of the principals, where the reorg was conceptualized, designed, and executed, at least in
significant part by Mass. lawyers (as well as Utah lawyers), at least in part for a Mass principal to-
be, who financed at least some of the arrangement, where the existing corporation became,
was transformed into, or was (sort of) converted into or replaced by a Delaware corporation.
A central problem pertains to the replacement of the stock of a significant holder of shares in the
earlier company. The defendants contend that the plaintiffs were not their clients.
D Special Risk Services Group v. Trumble Steel Erectors, Inc. v. KAS, Inc., No. 5:04-CV-0289 (U.S.
District Court (N.D. Tex. Lubbock Div.) (D: December 19, 2005). (Deposition given regarding
prejudice and late notice, how Stowers works, insurer decision-making, and (to a small extent)
intermediary conduct which was part of the point of my expert report).
Beck v. [1] Koons, Fuller, Vanden Eykel and [2] Terry, No. GN402126 (53rd District Court, Travis
D
County, Texas) (D: December 6, 2005). (Testimony as to malpractice, fiduciary duty, breaches,
etc. by divorce lawyers with respect to their client).
D Great American Ins. Co. v. Federal Ins. Co., No. 304 CV-2267-H (N.D. Tex. Dallas Div.)
(D: November 11, 2005). The action in this case pertains to (1) employment-relations to modified
CGL policies; (2) good faith and fair dealing; plus (3) subrogation rights.
Scottsdale Insurance Company v. U.S. Fire Insurance Co., No. 04-01159 (160th District Court,
D
Dallas County, Texas) (D: October 24, 2005). This case concerns contract reformation, the
combination of a CGL and a professional liability policy, the significance of a binder, and related
problems.
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T D Conseco Health Insurance Co. v. Klug, No. H-04-2229 (United States District Court for the
Southern District (Houston Division)) (T: October 21, 2005) (D: June 21, 2005). The theme of the
action, so far as I am concerned, is an attorney s violation of a previous client s confidential
information. Fiduciary duties were, so far as I am concerned, the major issue.
D Auto-Owners Ins. Co. v. Haas, et. al., No. 034-1738 (Missouri Cir. Ct., St Louis City, Division 5).
(D: October 12, 2005). The theme of this action is regarding bad faith pertaining to a liability
policy and Worker s Compensation, as well as employee exclusions.
Sheldon v. The Hartford Ins. Co. & Desert Mountain Agency, Inc., No. CV-2003-08182 (2nd
T D
District Court, Bernalillo County, New Mexico). (D: October 7, 2005; T: December 15, 2005).
The action in this case pertains to bad faith in relationship to an auto policy.
T D McGuire, Craddock, Strother & Hale, PC. v. Transcontinental Realty Investors, Inc. and
RT Realty, L.P., No. 00-8050-C (68th District Court, Dallas County, Texas). (D: October 7, 2005)
(T: August 10, 2006). This began as a suit by a law firm to recover fees from a client. The client
counter-sued for breach of fiduciary duties, malpractice, over-charge, and related actions. I
testified for the client on matters in the counter-claim.
Franks v. Broadway, No. 03-00-12378-CV (13th Judicial District, Navarro County, 2003)
H
(H: April 14, 2005). My testimony concerned whether insurance policies were completely
provided in discovery and whether those insurance policies provided coverage for an accident
which involved the death of an infant. As nearly as I could make out, a truck driven by Cleaster
Broadway hit a bridge, and the bridge collapsed. The principal defendant in the case was
Schneider National Carrier.
Peacock Construction Co., Inc. v. Hartford Lloyd s Ins. Co., No. B-04-111 (S.D. Tex. [Brownsville
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Division] 2004). (D: March 11, 2005). (Fundamental issues: (1) Did a contractor-subcontractor
agreement make the general contractor an insured under the subcontractor s policy? (2) Was
the indemnity agreement therein valid? (3) Art. 21.21).
LaQuinta v. Lexington Insurance Company, &c, No. 02-12164-E (101st District Court, Dallas
D
County, Texas) (D: February 14, 2005). (Fine. New Building = replace. Bad Faith, &c).
D Burney v. Odyssey Re (London) Ltd., No. CA:2-04CV-032-J (N.D. Tex., Amarillo Division)
(D: December 9, 2004). (Insurance: bad faith-insurer s rights and duties when it eliminates a
RRR and substitutes counsel.) (Two insurers were defendants; the second one is Sphere Drake
Insurance Company.)
Burns v. Allstate Texas Lloyds [Insurance] Company, No. 96-206616-04 (96th District Court,
T D
Ft. Worth, Texas, 2003) (October 27, 2004). (Some Issues: water damage, mold losses,
causation, insurer bad faith.) (The first named defendant was Chad Lindt, an Allstate adjuster.)
(T: November 16, 2004).
1212 Westheimer Group, L.P. v. Western Heritage Insurance Company; No. GN304030 (126th
THD
District Court, Travis County, Texas) (October 26, 2004). (Some Issues: Storm and/or rain loss
versus wear and tear, &c, usual bad faith issues.) (H = Expert witness qualification hearing.
Judge Dietz ruled MSQ an expert qualified to testify in a first-party property case.)
(January 6, 2005).
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D Pacific Motor Transport Company d/b/a Pacer Pacific Company v. Lockton Companies, Inc. et al.;
C.A. No. 2:03-CV-00362 (E.D. Tex. Marshall Division) (D: October 12, 2004). (Some Issues:
truck accident -- agent-broker; MGA; claims procedures for self-handler with eventually liquidated
fronting company; adjustment; MCS-90; &c).
D Allen v. Midwest National Life Ins. Co. of Tennessee, No. 03C434 H (C) (N. Okla. 2003).
(D: September 27, 2004). (Health insurance: denial for Pre-Existing Condition, Rescission,
& Bad Faith issues.)
T D Swicegood v. The Medical Protective Company, No. 3-95:CV-0335-D 9 (N.D. Tex. 1995)
(D: August 17, 2004). (Significance of sex acts exclusion in a medical malpractice case where a
married, middle-aged, male M.D. seduced a young adult female patient with assertions of love,
pages of poetry, writing of songs, and samples of prescription-level medications, and abandoned
her). (T: September 15, 2004).
Ranger Ins. Co. v. Scottsdale Ins. Co., No. 17-174271-98 (17th District Court, Tarrant County,
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Texas) (August 10, 2004 and August 23, 2004). (Insurance and the Revival Rally for Christ ).
Hammer Trucking, Inc. v. St. Paul Fire and Marine Insurance Company, No. 00-12-741 (271st
D
Judicial District, Wise County, Texas) (March 30, 2004). (Insurance bad faith case arising out of
the adjustment and litigation of a truck accident).
T Matteucci v. Safeco Ins., No. 01CC-003150, Division 6 (Circuit Court St. Louis County, State of
Missouri) (March 11, 2004). (Homeowner s insurance, fraud allegations, bad faith, including
Missouri statutes).
D Phelps Dunbar v. Brittany Ins. Co., No. 02CV-3237 (U.S. District Court, Southern District of
Texas, Houston Division) (February 23, 2004). (Legal malpractice, breach of fiduciary duties, fee
statements-all in the context of a fee dispute between the law firm and small components of the
follow component of the London Market: arises out of BFI coverage litigation).
Southern Farm Bureau v. Trinity, No. 2003-49-4 (170th Judicial District, McLennan County, Texas)
D
(February 11, 2004). (Stowers and Art. 21.21).
Brown v. American Insurance Company of Texas, No. 017-******-** (17th Judicial District,
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Tarrant County, Texas) (January 15, 2004). (Health insurance cancellation and adjustment).
D Robert v. Travelers, No. 3-02-CV2757M (U.S. District Court, Northern District of Texas, Dallas
Division) (January 5, 2004). (UIM/Bad Faith.)
Garza v. Medina, No. C-405-02E(1) (275th Judicial District, Hidalgo County, Texas)
T D
(D: December 4, 2003; T: July 22-23, 2004). (Issues: Father, daughter, lawyer, adultery,
pregnancy, and contract for legal services: principal issue lawyer violation of fiduciary duty).
A D ONEOK v. Federal Insurance Company, Arbitration (October 24, 2003). (Testimony concerning
D&O insurance, adjusting such claims, attorneys fee audits by insurer.) Arbitration Hearing
(November 10-12, 2003).
H Hartford Fire Insurance Company v. University of Houston, No. 730-1-2374-W (State Office of
Administrative Hearings, Austin, Texas, October 14, 2003). (Testimony concerned deductibles
and claims handling in a general liability policy which was part of an Owner Controlled Insurance
Program.)
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Nuevo Energy Co. v. Ranger Ins. Co., No. 2002-30174 (133rd District Court, Harris County,
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Texas) (October 6, 2003). (Testified on reasonableness of attorneys fees in a fee-shifting matter
before the court only).
Prince v. Zurich-American Insurance Company, No. 2002-CVE-000617 D2 (111th District Court,
D
Webb County, Texas) (September 16, 2003). (Various forms of insurer bad faith in the context of
UIM coverage).
H In re R&E Systems, No. 02-13434-FRM (Bnkrptcy. Ct. W.D. Tex.) (July 31, 2003). (Motion for
sanctions against a lawyer for disputed creditor brought by debtor.)
D Breckenridge Enterprises, Inc. v. Philadelphia Life Insurance Company, No. 3:01-CV-562-P
consolidated with No. 02-CV-538 (U.S. District Court, Northern District of Texas, Dallas Division)
(June 26, 2003). (Unusual insurance case involving a variety of issues).
T D Dairy Farmers v. Traveler, No. 99-0637-CV-W-6 (U.S. District Court, Western District of Missouri)
(D: June 6, 2003; T: July 10, 2003). (Administration of settlement involving several policies
including at least one excess policy).
Haynes v. Gronwaldt, No. A-144,481-B (60th Judicial District Court, Jefferson County, Texas)
D
(May 8, 2003). (Attempt to invalidate Mobil Oil s worker s comp program over many years).
RSR Corporation v. A.I.U. Insurance Company, et al., No. 93-0127; (71st District Court, Harrison
D
County, Texas) (March 17, 2003 and March 25, 2003). (Pollution exclusion, hostile fires,
excess policies, allocation and regulatory estoppel, statutory bad faith, &c).
Wedge Management, Inc. v. Tobey, No. 98-09512; (345th District Court, Travis County, Texas)
D
(March 7, 2003). (Legal malpractice, breach of fiduciary duties, violations of legal ethics, &c).
A D Lone Star Corrugated Container Corporation v. CNA Insurance Company--Group Benefits,
No. 71 E 195-*****-** (Before the American Arbitration Association, Dallas, Texas)
(March 3, 2003). (Non-subscriber policy: interpretation, waiver, estoppel, etc.) (Arbitration
testimony given on April 16, 2003 in Dallas, Texas).
Glover v. Fortis, No. 2001-06943 (133rd District Court, Harris County, Texas). (Issues: good
D
health clause in life insurance policy, misrepresentation clause, adjustment practice, intermediary
performance) (February 13, 2003).
Mercer v. Pittman & Fink, No. GN102172 (98th District Court, Travis County, Texas) (Issues:
D
lawyer misconduct: fee problems, pleading problems, etc.) (January 22, 2003).
McMillin v. State Farm Lloyds, No. GN 200297 (201st District Court, Travis County, Texas).
T D
bad faith, homeowner s: property insurance: water damage and mold)
(Issues:
(D: January 21, 2003; T: December 4, 2003).
H [Identity Confidential] (Grievance Committee [Dallas], December, 2002). (Testify before
evidentiary panel).
D In re J. T. Thorpe Co., No. 02-41487-H5-11 (Bankr. Ct., S.D. Tex. 2002). (Insurance coverage
and related issues and a pre-pak Ch. 11 involving asbestos) (December 15, 2002).
D United Investors Realty Trust v. Hartford; No. 3:01-CV-2083-BC (Northern District of Texas 2002)
(December 12, 2002). (Directors & officers insurance).
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In the Matter of the Marriage of Forage and Gallagher; No. FM205428 (250th District Court, Travis
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County, Texas) (November 4, 2002). (Attorney disqualification).
Texas v. Farmers Group, No. GV-202510 (261st District Court, Travis County, Texas) (2002)
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(D: October 17, 2002). (Temporary Injunction Hearing: trade secrets, &c).
Dillard s, Inc. v. TIG Insurance Company, Inc., et al., No. CV-00-8538 (Circuit Court of Pulaski
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County, Arkansas) (October 11, 2002). (Late notice issues, excess carrier behavior and structure
of industry, interpretation issues, &c).
D Consumers County Mutual Insurance Company v. Bichsel Trucking v, Bichsel Trucking, No. 48-
182953-00 (48th District Court, Tarrant County, Texas) (October 9, 2002). (Truck insurance:
certificates of insurance, agent performance, Art. 21.02, and Art. 21.04, custom and practice in
the industry, &c)
Stinson v. Winkelmann, No. 2001-23155; (334th District Court, Harris County, Texas)
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(August 9, 2002 and August 20, 2002). (Truck insurance: variety of problems including Stowers,
&c).
D National Union Fire Insurance Company of Pittsburgh, Pa. v. Keck, Mahin & Cate, Nos. 94-
018363 and 94-018363A (80th District Court, Harris County, Texas) (July 2, 2002). (See Texas
Supreme Court decision for the range of issues).
Janice Copeland vs. Dallas Home for Jewish Aged, Inc., No. DV98-04690-G; (134th District Court,
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Dallas County, Texas) (May 20, 2002). (This was a hearing regarding the relationship between
Stowers and Art. 4590i, 11.02(c).)
D Gulf Insurance Company v. Sonia Y. Jones v. Cowles & Thompson, P.C., No. 3:00-CV-0330-L
(United States District Court for the Northern District of Texas, Dallas Division) (May 1 &
May 8, 2002). (Stowers, legal malpractice, &c).
D Commonwealth Insurance Company v. Stone Container Corp., No. 99-C-8471 (United States
District Court for the Northern District of Illinois, Eastern Division) (March 29, 2002). (Agent
liability, policy configuration, &c).
D Clayton Williams Energy, Inc. v. Lexington Insurance Co., No. MO01CA017 (United States
District Court for the Western District of Texas, Midland Division (March 20, 2002). (Oil and gas
insurance problems, adjustment practices, reservation of rights letters, &c).
Citizens 1st Bank, Tyler, Texas v. St. Paul Mercury Insurance Company v. James I. Perkins,
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No. 6:01CV421 (United States District Court for the Eastern District of Texas, Tyler Division)
(March 8, 2002). (D&O insurance problems, adjustment problems, &c).
D Ame
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