Martindale-Hubbell® Rating: AV® Preeminent™ (5.0)

• Southern Methodist University, Dedman School of Law (J.D., 1983) Top 11%
      Citations Editor, Journal of Air Law and Commerce, 1983
      Problem Counsel, SMU Moot Court Board, 1983
      Member of the American Bar Association Moot Court Team, 1982
      Semi-finalist - Jackson Walker Moot Court Competition
      Trial Advocacy Award (Top grade in trial advocacy class)
      Bancroft Whitney, ABA Moot Court Team Award
      Chief Justice (1982-83), Moot Court Training Program


• Texas A&M University (B.A., 1980, summa cum laude) G.P.A. - 4.0
      Winner of the Thomas S. Gathright Award 1979 (Highest G.P.A. in the College of Liberal Arts)
      Outstanding Senior Award for the College of Liberal Arts
      Who's Who Among Students in American Universities and Colleges (Top 1% at Texas A & M)
      University Honors Program - University Undergraduate Fellow, 1980
      Phi Kappa Phi (National Honor Fraternity)
      Pi Sigma Alpha (Political Science Honor Society)

• The International Who's Who of Insurance & Reinsurance Lawyers (2008, 2010)


• The International Who's Who of Business Lawyers (2011)


• Texas Super Lawyer (2003, 2004, 2005 & 2009), Texas Monthly magazine; among Top 100 Super Lawyers for the Dallas Fort Worth Region (2009); listed in Corporate Counsel Edition (July 2010)


• The Best Lawyers in America 2006 & 2010


• Chambers & Partners, Chambers USA, “America’s Leading Lawyers for Business, Leading Individuals in the field of Insurance Law,” (2004- 2005, 2008)


• Master, American Inns of Court, Mack Taylor Inn


• College of the State Bar of Texas Past-Chair of the Insurance Section of the State Bar of Texas


• Honorary Member of the SMU/Dedman Law School Board of Advocates


• Past-Chair of the Dallas Bar Association Appellate Section


• Council Member, Dallas Bar Association, Tort & Insurance Practice
  Section (2005-2006)


• Co-Chair of the Planning Committee and Faculty for the Third Annual State Bar of Texas Advanced Insurance Law Institute (2006)


• Who's Who Legal: Texas (2008) - Texas' Leading Business Lawyers

• Landmark decision holding that a carrier has no duty to settle as to uncovered claims. St. Paul Fire and Marine Ins. Co. v. Convalescent Services, Inc., 193 F.3d 340 (5th Cir.1999)(Texas law)


• Reduction of $35 million bad faith judgment to approximately $3.5 million in actual damages. Total judgment if appeal had been unsuccessful would have been worth over $65 million. St. Paul Surplus Lines Ins. Co. v. Dal-Worth Tank Co., Inc. 974 S.W.2d 51 (Tex. 1998), rev'g in part and aff'g in part, 917 S.W.2d (Tex. App.--
  Amarillo, 1995)(multiple damages and bad faith issues)


• Landmark decision interpreting mutual indemnity requirements of the Texas Oilfield Anti-Indemnity Act. Greene's Pressure Testing and Rentals, Inc. v. Flournoy Drilling Co., 113 F.3d 47 (5th Cir. 1997) (resulting in recovery of approximately $2 million)


• Reversal and remand of $35 million dollar bad faith judgment. State Farm Fire & Casualty Co. v. Williams, No. 05-93-00191-CV (Tex. App.--Dallas, October 1996)


• Landmark decision eliminating the use of "sweetheart deals" in bad faith cases. State Farm Fire & Casualty Co. v. Gandy, 925 S.W.2d 696 (Tex. 1996). Reversal and rendition of judgment


• Affirmance of motion for summary judgment holding no duty to defend or indemnify molestation/exposure claim. Paul W. Buitron v. Vanguard Underwriters Ins. Co., Cause No. 13-93-644-CV (Corpus Christi, June
  6, 1996) (unpublished opinion)


• Settlement post-verdict of $13.7 million dollar bad faith judgment for $2.27 million dollars. Also successfully obtained reinsurance for settlement without litigation. Busse v. United Fire & Casualty Company, No. 93-8201, 44th J.D. Court, Dallas County, Texas


• Reversal and remand for new trial of medical malpractice judgment for $820,000 on no evidence grounds; first Texas appellate opinion setting stringent expert witness guidelines. North Dallas Diagnostic Center v.
  Dewberry, No. 05-92-004;89-CV (Tex. App.--Dallas, April 13, 1995)


• Landmark reservation of rights decision regarding need to prove substantial prejudice in order to establish waiver and estoppel. Court found no prejudice as a matter of law despite 14 month delay in sending the reservation letter. Pennsylvania Nat. Mut. Cas. Ins. Co. v. Kitty Hawk Airways, Inc., 964 F.2d 478 (5th Cir. 1992)(Texas law)


• Landmark decision requiring proof of substantial prejudice as element of waiver and estoppel urged based on an untimely reservation of rights. State Farm Fire & Cas. Co. v. Williams, 791 S.W.2d 542 (Tex.
  App.--Dallas 1990)


• En banc decision setting the Fifth Circuit standards limiting expert testimony in products liability actions Christopherson v. Allied Signal, 939 F.2d 1106, 60 U.S.L.W. 2166 (5th Cir. 1991)(en banc)


• Reversal and rendition on declaratory action, resulting in no coverage or defense delegation for sexual discrimination and harassment claims. National Union Fire Ins. Co. v. Carbajal, No. 04-94-00005-CV (Tex.
  App.--San Antonio 1995)


• Reversal and rendition of $7 million insurance bad faith judgment. Woods v. Williams M. Mercer, Inc. 769 S.W.2d 515 (Tex. 1988)


• Reversal and rendition of $5.1 million medical malpractice judgment. Monroe v. Hauptli, No. 05-90-00175-CV. (Tex.App.--Dallas 1991)


• Reversal of $4.9 million dollar products liability judgment. Mooney Aircraft Corp. v. Altman, 772 S.W.2d 540 (Tex. App.--Dallas 1989)


• Reversal of $5 million dollar judgment with a $2.8 million dollar remittitur; landmark decision establishing constitutionality of damage caps in Texas Medidal Liability Improvement Act. Rose v. Doctors
  Hospital, Inc., 801 S.W.2d, 841 (Tex. 1990)


• Reversal and rendition of $3.8 million dollar products liability judgment. Beech Aircraft Corporation v. Argubright, 868 F.2d 764, 57 U.S.L.W. 2628 (5th Cir. 1989)


• Reversal and rendition of $800,000 breach of contract judgment. Dean v. Dean, 837 F.2d 1267 (5th Cir. 1988)

• State Bar of Texas, 1983


• U. S. District Courts for the Northern, Southern, and Western Districts of Texas


• U. S. Court of Appeals, Fifth Circuit


• United States Supreme Court (admitted 1988)

• American Bar Association


• Appellate Subcommittee of the Section of Litigation (Vice-Chair, 1992)


• American Inns of Court, Mack Taylor/SMU, Dallas, Texas, Master


• Dallas Association of Defense Counsel


• Dallas Bar Association, Tort & Insurance Section (Chair, 2009-2010); (member of governing council, 2005-2006); Appellate Section, (Chair, 1992)


• Defense Research Institute


• Fifth Circuit Bar Association


• Southern Methodist University, Advisory Board on Appellate Advocacy (1993-2000)


• State Bar of Texas, Insurance Law Section (Founding Officer; Chair, June 2001-02; Vice-Chair, 2000-2001; Secretary 1999-2000);


• Texas Association of Defense Counsel, Amicus Curiae Committee (1990-94)

• "Insurability of Punitive Damages," Texas Insurance Journal (2006)


• "Insurability of Punitive Damages," Texas Insurance Journal (Oct. 2000)


• "Busse Arrives in Texas Via Matagorda: The Right of Reimbursement," ABA Coverage (1998)


• "Unreasonably Unclear--Bad Faith Set-Back," 7 ABA Coverage 41 (July/Aug. 1997)


• "An Affair to Forget: Texas Supreme Court Drives a Stake Into Sweetheart Deals," 6 ABA Coverage 1 (July/Aug. 1996)


• Co-Author, "Texas Survey--Insurance Law," 42 Sw. L.J. 389 (1988), 43 Sw. L.J. 343 (1989), 44 Sw. L.J. 329 (1990), 45 Sw. L.J. 461
  (1991), 46 Sw. L.J. 221 (1993)


• Co-Author, Chapter 3, Pretrial Volume - "Parties"; Lawyers Cooperative Publishing/American Inn of Court Foundation - Texas Practice Guide Series

• University of Houston Law Center Continuing Legal Education, Insurance Law for Attorneys Representing Insurers, “Coverage of Punitive Damages: To Cover or Not to Cover, That is the Question,” (Houston, TX, October 27-28, 2005)


• University of Texas School of Law, 2005 Residential Development and Construction Law Conference, “Insuring the Project-End-to-End: An Overview of Professional Liability Coverage and Critical Developments in Liability Coverage,” (Dallas, TX, October 12, 2005)


• Construction Law Section of the State Bar of Texas, Texas Institute of Continuing Legal Education, Basic Course in Construction Law, “Insurance Basics for the Construction Law Practitioner – Explanation of Types of Insurance Policies Used in Construction Industries,” (Dallas, TX, October 6-7, 2005)


• Texas Institute of Continuing Legal Education, Insurance Law Telephone Seminars, “Turning Up the Heat and Deepening the Pocket,” (October 5, 2005)


• State Bar of Texas Annual Meeting, Insurance Law Section CLE Program, “Turning Up the Heat and Deepening the Pocket,” (Dallas, TX, June 23, 2005)


• American Bar Association, Insurance Coverage Litigation Committee CLE Seminar, "Dancing After the Party is Over: How to Keep the Judgment Debtor Policyholder Out of Bankruptcy While Litigating Coverage," (Tucson, AZ, March 3-5, 2005)


• Dallas Bar Association, Noon at the Belo Mansion, CLE on "Insurance Coverage for Punitive Damages," (January 27, 2005)


• South Texas College of Law, Texas Insurance Law Symposium, Punitive Damages Coverage, (January 28, 2005)


• University of Texas School of Law, 9th Annual Insurance Law Institute, AKeeping the Cover: A Policyholder's Perspective on Dealing with Liability Claims," (November 10-12, 2004)


• University of Houston Law Foundation, Advanced Insurance Seminar, "Determining the Duty to Indemnify: The Use of Actual, Historic and Other Facts," (October 22, 29 2004)


• University of Texas School of Law Construction Law Conference, "Looking for Money in All the Right Places - And a Few Wrong Ones," (October 22, 2004)


• LAU-Legal Assistant University, "Determining the Duty to Indemnify: The Use of Actual, Historic and Other Facts" and "The Duty to be Confused: The Defense of Doubt, Potentiality and Corners," (September 2004)


• State Bar of Texas 2004 Annual Meeting, Insurance Law Section, “Duty to Defend, Stowers and Extrinsic Evidence: Traps for the Wary,” (June 24, 2004)
  Texas Institute of Continuing Legal Education, Insurance, Litigation and You: The Impact of Insurance in Litigation, “Insurance Lawyer’s Guide to Post Verdict Issues,” (June 10, 2004)


• State Bar of Texas, 1st Annual Advanced Insurance Law Course, "The Declaratory Judgment Action - Panacea or Pox?" (March 2004)


• South Texas College of Law, Texas Insurance Law Symposium, Special Super Bowl Edition, "Offers of Settlement Under HB4: Offensive & Defensive Tricks & Traps," (January 2004)


• University of Texas School of Law, 8th Annual Insurance Law Institute, "Show Me the Money: Determining Duty to Pay for Judgments or Settlements,"(November 2003)


• State Bar of Texas, Legislative Update Institute 2003-A Live Satellite and Live Webcast Presentation, (September 2003)


• University of Texas School of Law, Residential Construction Law Continuing Legal Education, "Residential Errors & Omissions- Professional Liability Coverage for Key Players," (September 2003)


• The Insurance Law Section of the State Bar of Texas, Texas Institute of Continuing Legal Education, "Before the Ink is Dry-An Insider's Look at the New Tort and Insurance Legislation," (June 2003)


• University of Houston Law Foundation, Advanced Insurance Seminar, "Determining the Duty to Indemnify: The AActual Facts@ Rule," (February 2003)
  South Texas College of Law, Continuing Legal Education, Texas Insurance Law Symposium, "The Duty to be Confused: The Defense of Doubt, Potentiality and Corners," (January 2003)


• University of Houston Law Foundation, Insurance Law for Attorneys Representing Insurers, "Determining the Duty to Indemnify: The Actual Facts Rule," (October and November 2002)


• University of Houston, Advance Insurance Seminar, “Defense Perspective on Punitive Damage Coverage Issues” (September 4, 2002)


• Advanced Civil Appellate Practice Course, "Insurance Law Update," (September 2002)


• University of Texas School of Law, 7th Annual Insurance Law Institute, "Defense Perspective on Punitive Damage Coverage Issues," (September 2002)


• State Bar of Texas 2002 Annual Meeting, Insurance Law Section, "Insurer Good Faith: When Does it End?" (June 2002)


• University of Houston Law Foundation, Advanced Insurance Law Seminar, "Coverage Issues Raised in Multi-Party Cases: Sorting out the Confusion," (February 2002)


• University of Texas School of Law, 6th Annual Insurance Law Institute, "Insurer Good Faith: When Does it End?" (September 2001)


• State Bar of Texas, Ultimate Insurance Seminar 2001, “Griffin & Matagorda – Duty to Defend: 8 Corners, Reimbursement and More?” (March 29, 2001)


• University of Houston Law Foundation, Advanced Insurance Law Seminar, "Allocation Issue Under Texas Law," (December 2000)


• South Texas College of Law, Texas Insurance Law Symposium, "Clash of the Titans: When Insurers Disagree," (October 2000)


• University of Texas at Austin, Annual Insurance Law Conference, "Settlement Practices of Liability Carriers -- Stowers in the New Millennium" (August 2000)


• State Bar of Texas; Annual Meeting, "Settlement Issues in Texas B Stowers & Beyond," (June 2000)


• Dallas Bar Association - Appellate Section, "Suspending Enforcement of Judgment During Appeal," (May 2000)


• University of Houston, Advanced Texas Insurance Law Seminar, "Allocation Issues Under Texas Law," (March 2000)


• South Texas College of Law, Texas Insurance Law Symposium, "Traver," (November 1999)


• Lorman Education Services, Insurance Bad Faith Claims in Texas, "First Party Bad Faith in Texas: "To Be Or Not To Be!" and "Reservation of Rights," (August 26, 1999)


• State Bar of Texas; Annual Meeting, "Defense Perspective on Punitive Damage Coverage Issues," (June 1999)


• Dallas Bar Association, Insurance Law Section, "McMains vs. Huddleston--Debate Over Recent Developments in Texas Insurance Law," (Oct. 1998)


• University of Houston Law Foundation, Handling Insurance and Tort Claims, "Top Ten Coverage Problems (How the Courts Resolve Them)," (Sept. 1998)


• University of Texas School of Law, 3rd Annual Insurance Law Institute, "Selection and Management of Defense Counsel (3rd Party)" and “Navigating the Triangle-Handling a Qualified Defense” (Sept. 1998)


• Lorman Education Services, Bad Faith Litigation in Texas, "Reservation of Rights," “Bad Faith in Texas: “It’s Alive!” and "First-Party Bad Faith," (August 14, 1998)


• South Texas College of Law, Texas Insurance Law Symposium, "Reservation of Rights," (July 1998)


• University of Houston Law Foundation, Litigation and Trial Tactics, "Post-Verdict Practice," (June 1998)


• "Texas Bad Faith Law – Legal Thriller or Horror Story?” (December 4, 1997)


• South Texas College of Law, Texas Insurance Law Symposium: From Nuts and Bolts to Tips and Tricks, "Bad Faith Debate: Rusty McMains v. Mike Huddleston," (September 11-12, 1997)


• "Stowers – A Little Bit or a Lot??” (September 11, 1997)


• “The Shifting Winds of Texas Bad Faith Law” (September 11, 1997)


• “The Art of the Covenant: The Impact of Gandy and its Progeny,” Univ. of Houston, (September 5, 1997)


• Lorman Education Services, Texas Bad Faith Law Seminar, "Bad Faith Litigation in Texas," Dallas, Texas (July 24, 1997)


• Dallas Bar Association, Appellate Section, "No Evidence Points on Appeal,"(March 20, 1997)


• Ultimate Insurance Seminar, "The Impact of Gandy," (February 28, 1997; March 14, 1997)


• South Texas College of Law, Evidence Seminar, "Common Evidence Objections," (Dec. 9, 1996)


• South Texas College of Law, 12th Annual Evidence Conference, “Commonly Made Objections and Other Ways to Exclude Evidence and Preserve Error” (September 20, 1996)


• TADC "Rookie" Seminar, "Post-Verdict Motions," (August 1995)


• "The Art of the Covenant” (August 1995)


• “Insurance Hodgepodge,” (August 1995)


• University of Houston Law School, Advanced Personal Injury Seminar, "Post-Verdict Practice," (December 1994)


• Dallas Bar Association, Corporate Counsel Section, "Punitive Damages After Moriel," (June 1994)


• Southern Methodist University School of Law, Personal Injury Short Course, "Post-Daubert -- Expert Evidence Issues,"(May 1994)


• "Evidence Update: Expert Testimony After Daubert” (April 28, 1994)


• Texas Association of Defense Counsel, Winter Meeting, "Sexual Molestation & Insurance -- The Bermuda Triangle," (February 1993)


• State Bar of Texas, Texas Torts in the 90's, "Statutes of Limitations and Other Legal Bars," 1992)Texas Independent Adjusters Association, Annual Seminar "Recent Coverage Cases," (1990)


• State Bar of Texas, Discovery Seminar, "Discovery of Experts," (1990)


• State Bar of Texas, Advanced Personal Injury Law Course Speaker, "Insurance Claims: UM/UIM and Homeowners Coverage," (1990)


• Texas Independent Adjusters Association, Annual Seminar, "Bad Faith," (1989)


• State Bar of Texas, Insurance Claims & Disputes Seminar, "Coverage Issues--Defense Perspective," (1985)


• Dallas Bar Association Appellate Section, "Procedural Pitfalls in Appeals," (1992)


• SMU Moot Court Training Seminar, "Oral Argument," (1993 - 1995)


• Legal Seminars, Inc, "Post-Verdict Practice," (1988, June 1989, December 1989, 1990, 1992)