Insurance Coverage

LPHS represents clients in a wide variety of coverage disputes. We plan and carry out effective strategies for resolving disputes under directors and officers (D&O), general liability, professional liability, property and reinsurance policies. We regularly represent insurers and insured in dealing with complex property coverage claims. While we litigate coverage disputes, we often draw on our experience before filing suit to provide advice about policy coverage, claim handling, claim analysis and reinsurance issues. Our work also includes the related area of indemnity for officers and directors by the companies for whom they work.

We represent a large group of insurers in significant property claims around Texas, including large storm-damage claims and the construction litigation surrounding the largest high school football stadium in Texas.
We represented large insurance carriers in connection with a claim by Wyndham Hotels for business interruption coverage related to the events of September 11. We obtained court orders striking the plaintiff’s liability and denying experts, after which we obtained a summary judgment dismissing the case. We defended that judgment all the way to the Texas Supreme Court.
LPHS represented the primary-layer insurance carriers in a $150 million multilevel property insurance program covering more than 400 separately owned properties, most of which were located in and around Houston. Following Hurricane Ike, 18 lawsuits were filed against the primary insurers, seeking in excess of $50 million. The case was unique in that the insurance broker who created the property insurance program at issue was given extensive liberties concerning the program, which has resulted in varying representations (and sometimes alleged policy terms) for the insureds. We resolved all cases on terms that were favorable to our clients.
We advised and litigated coverage issues under D&O policies. For example, we represented the receiver of several large, offshore hedge funds in connection with their claims for insurance coverage. We obtained a temporary injunction that prohibited the insurance company from advancing any funds to other potential insureds to avoid diminution of the eroding policy. Then, we convinced the insurance company to tender the policy limits to our client. We also negotiated coverage issues to obtain D&O coverage for our clients. We represented an officer of the Stanford Financial Group in connection with coverage issues under the D&O policy.
LPHS also represented Mary Kay in connection with claims for insurance coverage under their fiduciary liability policy and bad faith claims related to their insurer’s refusal to provide Mary Kay a defense in the underlying litigation in the Eastern District of Texas.