Jared Norton is an Attorney in the Dallas office of Cokinos | Young. His practice primarily focuses on construction, insurance coverage, and commercial litigation. Prior to joining Cokinos | Young, Mr. Norton solely represented design and engineering professionals against malpractice, construction defect, breach of contract, and indemnity claims. Mr. Norton is experienced in all aspects of litigation in state courts from initial answer or petition, discovery, and case strategy to preparing and arguing motions, conducting depositions, and trial or arbitration preparation.
Education
Southern Methodist University, Dedman School of Law – J.D., 2017
Texas A&M University – B.B.A. Finance, 2014
Representative Experience
Second chair in one week arbitration before the American Arbitration Association regarding the representation of a design professional concerning claims made against it for design defects affecting the performance of a Dallas public school.
Speaking Engagements & Presentations
Presenter, “Contractual Review & Strategies” – Specification Consultants in Independent Practice (SCIP) Annual Meeting, June 14, 2022
Renee Mango is an attorney in the Dallas office of Cokinos | Young. Her practice primarily focuses on construction, insurance coverage and commercial litigation. Renee received her J.D. from SMU Dedman School of Law in May of 2021. From an early stage in law school, Renee developed an interest in construction law. She served as a judicial intern for a Magistrate Judge of the Northern District of Texas, and a summer clerk at a large commercial construction & architectural company headquartered in Dallas, Texas.
Recognitions & Distinctions
Best Lawyers in America: Ones to Watch 2024- Construction Law and Insurance Law
Education
Southern Methodist University, Dedman School of Law – J.D., 2021
– Associate Managing Editor, International Law Review Association
University of Texas at Austin – B.A., 2017
Memberships & Affiliations
Texas Bar Association
– Construction Section
– Insurance Section
Dallas Bar Association
– Business Litigation
– Construction Section
– Tort & Insurance Practices Section
– Trial Skills Section
Admissions
State Bar of Texas
United States District Courts: Northern & Eastern Districts of Texas
Derek J. Kammerlocher is an Attorney in the Dallas office of Cokinos | Young. Derek has devoted his career and practice to serving as an advocate for clients in the construction industry, including developers, contractors, design professionals, material suppliers, and insurance companies involved in the construction process. Based on his knowledge of the industry and specific experience, Derek helps his clients achieve their dispute resolution goals in payment, contract, defect, and insurance disputes, as well as other areas that often impact the construction industry such as employment and personal injury disputes. Derek takes an individualized and tailored approach to each representation to ensure the satisfaction of each client’s specific goals.
Education
University of Texas School of Law – J.D., 2015
University of Texas at Austin – B.A. History, 2011
Recognitions & Distinctions
Best Lawyers – Ones to Watch 2023, 2024: Construction Law, Corporate Law, Litigation – Construction, and Real Estate Law
Memberships & Affiliations
State Bar of Texas: Construction Law Section
Dallas Bar Association: Construction Law Section
State Bar of Texas
Admissions
State Bar of Texas (2015)
United States District Court: Northern, Eastern, Southern & Western Districts of Texas
United States Court of Appeal for the Fifth Circuit
Sam Crecelius is an associate in the Dallas office of Cokinos | Young. Sam represents clients in all phases of litigation, including mediation, trial, and appeals. A decorated U.S Army combat veteran, Sam knows the value of hard work, discipline, and perseverance in the face of adversity, and he applies those values to each case he handles. His practice focuses on coverage litigation, as well as construction defect litigation, commercial litigation, and premises liability litigation. For each client, regardless of the subject matter, Sam leverages his real-world experience to obtain a favorable outcome.
Education
Texas A&M University School of Law – J.D., summa cum laude, 2017
University of Dallas – B.A., 2002
Recognitions & Distinctions
Best Lawyers in America: Ones to Watch 2024- Commercial Litigation, Construction Law, and Insurance Law
Publications
Texas Negligence Case Holds Lessons for Construction Cos., Law 360, August 26, 2021
Memberships & Affiliations
American Bar Association: Forum on Construction Law
State Bar of Texas: Insurance Law and Construction Law Sections
Dallas Bar Association: Construction Law and Tort & Insurance Practices Section
Dallas Association of Young Lawyers
Member, Texas Bar College
Admissions
State Bar of Texas
United States District Court: Northern, Eastern, Southern & Western Districts of Texas
United States Court of Appeals for the Fifth Circuit
Accomplished commercial real estate and commercial construction litigation attorney experienced in representing corporate and individual clients before federal and state courts, arbitration panels, and administrative and regulatory agencies. Provide transactional counsel including regulatory compliance guidance, contract negotiation and drafting of construction and real estate documents. Certified mediator with emphasis on commercial construction and commercial real estate. Former Vice-President and Chief Operating Officer of a title company, legal compliance, federal and state-mandated audits, accounting procedures, HR, legal opinions, underwriting, and final opinions on title issues.
Education
University of Arkansas School of Law – J.D., 2002
– Note and Comment Editor, Arkansas Law Review
Baylor University – B.A., 1999
Recognitions & Distinctions
Best Lawyers in America- 2024 Construction Law
Named a Texas Rising Star in Construction Law by Thomson Reuters in 2005, 2007-2008, 2010-2016
Representative Experience
First chair litigator in real estate, commercial construction, and other commercial litigations
Represented publicly traded California-based commercial restaurant company throughout Texas in multiple litigations and transactional matters
Led two litigation teams on national client interview project involving 38 client facilities across the United States and coordinated witness statements and evidence for use in national qui tam litigation in United States District Court for the Middle District of Tennessee
Acting as Texas counsel to Tennessee construction company in $6M arbitration and other litigation and transactional matters
Second chair in two-week jury trial involving contract dispute for major healthcare provider
Represent multiple construction clients, including Florida-based general contractor and Pennsylvania-based specialty subcontractor and supplier
Served as outside counsel to multiple banks and provided counsel in commercial litigation, real estate, construction, compliance, and other matters.
Served as national counsel to window manufacturing company and coordinated retention of local counsel nationwide, managed litigations, and handled transactional matters and regulatory compliance
Completed 40-Hour Basic Mediation Training, University of Texas School of Law
Memberships & Affiliations
State Bar of Texas
– Construction Law Section
– Real Estate, Probate, and Trust Law Section
Texas Bar Foundation
Dallas Bar Foundation
Admissions
State Bar of Texas
United States District Court: Northern, Eastern, Southern & Western Districts of Texas
United States Courts of Appeals for the Fifth Circuit
Pro Hac Vice admission in United States District Courts for Maryland and Southern District of Mississippi and state courts of Tennessee and Louisiana
Stephanie Cook has extensive experience with a wide range of business disputes, having successfully represented general contractors, banks, insurance companies, owners, developers, and individuals in complex commercial and construction litigation and bankruptcy for over twenty years. She began her career at Winstead P.C. and worked in the Austin and Houston offices handling lender liability and workouts. She actively served in its leadership committee before moving back to Austin to work in a litigation boutique handling civil and appellate litigation in state and federal courts for insurers, national lending institutions, and construction clients. Stephanie has settled, tried or appealed a broad range of commercial cases in state and federal courts in Texas, from fraud, construction defects, commercial leases, subcontractor and general contractor disputes, director and officer liability, to lender liability and partnership disputes. She continues to represent international and national lending institutions relating to workout, debt restructuring, asset protection, and defaults. Her knowledge of lending practices translates into her ability to assess and protect clients, including contractors, in projects that are financially distressed. She has experience in mission critical contracting, negotiation, delays, and claim resolution and Design-Build projects throughout Texas.
Her devotion to the construction industry includes representing contractors before the Texas Legislature on matters important to continued construction success in Texas. She is a member of the Associated General Contractors-Texas Building Branch, Legal Affairs Committee which monitors developing law affecting the construction industry, and partners with experts in engineering and architecture to understand all aspects of construction, engineering, and design. Frequently, she speaks with professional associations on best practices and developing law to understand business risks within the construction industry. Her experience also earned her acceptance into the American Arbitration Association roster for complex commercial and construction litigation.
Stephanie also gives back to the community through leadership. She is the past-chair of AGC-Austin’s Diversity and Inclusion committee and currently serves as the Chair of TEXO Foundation’s DEI Committee. She was the past District Chair for Scouts, USA and continues to participate at the local level in community outreach with her children.
Education
St. Mary’s School of Law – J.D., magna cum laude, 1999
– Order of Barristers
– John Harlan Society
– Phi Delta Phi Honor Society
– St. Mary’s Law Journal, Associate Editor
Texas Tech University – B.A., 1994
Recognitions & Distinctions
“Texas Rising Star,” Texas Monthly (2004)
2021 Edition of Texas’ Best Lawyers® for Construction Law & Litigation – Construction
Best Lawyers in America 2021 – 2024: Construction Law & Litigation – Construction
America’s Top 100 Bet-the-Company Litigators (2019-2022)
Speaking Engagements & Presentations
Adjunct Professor – Fall 2022; Fall 2021 – University of Texas at Austin School of Law
OSHA: AGC-Austin June 2022
SB 45 and Anti-Discrimination- Client Presentation, August 2021
“Modernizing Commercial Liens – Is HB 2237 Better?” AGC TBB Legislative Update, July 2021
“Risks and Rewards of Contracting in Texas” – Chambers Events Webinar, June 2021
“Pointers for General Contractors and Design-Builders” – Client Presentation, March 2021
“An Antidote for Construction Defects? The Right to Cure in Public Works and Buildings” – 34th Annual Construction Law Conference, March 2021
The Impacts of COVID-19 and the November Election on the Construction Industry – AGC Central Texas, November 2020
“COVID–Where Are We Today?” – TEXO Association, October 2020
“Key Provisions in Construction Contracts” – Client Presentation, February 2020
“Texas Legislative Update,” TCEL / Geoprofessionals Serving Texas, February 2020
Guest Lecturer, Texas State University, Construction Science and Management 2020- present
“COVID–Where Are We Today?” – TEXO Association, October 2020
“Managing Engineering Liability and Risk,” HalfMoon Seminar, January 2019
Guest Lecturer, Texas A&M University, Graduate Program in Engineering 2019- present
“The Successful Use and Presentation of Experts,” The Basics in Construction Law Annual Seminar, December 2018 & December 2019
“Concrete and Contracting Issues,” American Concrete Institute, July 2018
“Meeting the A/E’s Standard of Care,” Houston Engineering Society, February 2018
“Navigating Risks for Geoprofessionals,” TCEL / Geoprofessionals Serving Texas, January 2018
“The Toll of Litigation,” Moderator, Geoprofessional Business Association, October 2017
“Contract Clauses,” National Association of Women in Construction, April 2017
“The Toll of Litigation,” TCEL/Geoprofessionals Serving Texas, Geoprofessionals Case Histories Seminar, February 2017
“You Won! Ten things you did not know when collecting a judgment,” NACM Southwest Credit Exchange, August 2015
Publications
“An Antidote for Construction Defects? The Right to Cure in Public Works and Buildings” – 34th Annual Construction Law Conference, March 2021
“Negotiating a Contract, Clauses, Changes, and Delays,” Construction Executive, July 2017
“Case History Reviews,” Editorial Board, Geoprofessional Business Association, April 2017 – December 2019 (Assist with legal content and editing)
“Texas Groundwater: Reconciling the Rule of Capture with Environmental and Community Demands,” 30 St. Mary’s L.J. 305 (1998)
Memberships & Affiliations
Associated General Contractors (“AGC”)
– AGC-TBB Legal Affairs Committee
– AGC Austin Diversity and Inclusion Committee Chair (2019-2022)
TEXO DE&I Committee
DBIA Southwest Legislative and Legal Affairs Committee
American Arbitration Association – Roster
Construction and Civil Law Sections, State Bar of Texas
Past ACE Mentor (Austin) Legal Chair
American Bar Association
Austin Bar Association
Travis County Women Lawyers Association
CREW Austin Chapter, Past –Committee Member
National Association of Women in Construction, Austin Chapter, Board of Director 2017-2018, Past –Committee Member
Admissions
State Bar of Texas (1999)
United States District Court: Northern, Eastern, Southern & Western Districts of Texas
United States Bankruptcy Court: Northern, Eastern, Southern & Western Districts of Texas
Travis M. Brown has over a decade of experience advising both insurers and insureds on a broad range of insurance coverage issues. Travis began his practice on the insurer side and gained valuable insight into how insurance companies evaluate claims, both prior to and during litigation. Now, he applies that experience and insight on the other side of the docket, to help companies ensure that their insurers honor their obligations under the policy when a claim arises. His primary focus is on advising contractors, owners, subcontractors, and other participants in the construction industry in disputes with their insurance companies. Within his coverage practice, he also frequently represents oilfield service providers, pipeline and alternative energy contractors, and other members of the oil and gas and energy industries. In addition, his coverage expertise extends well outside the construction context. In the past two years alone, he has assisted clients in securing multi-million dollar settlements or claim payments in disputes with insurers in a wide variety of cases, including a homeowners claim arising from the 2019 tornado that struck Dallas, a large commercial property/catastrophe claim related to Hurricane Harvey, and a claim for coverage under a corporate directors and officers liability policy for complex securities litigation arising out of the merger of two publicly traded companies.
In addition, Travis is an experienced litigator outside of the insurance coverage setting. He defends and prosecutes claims in high-stakes litigation ranging from jobsite personal injury/death claims and contract disputes, both in and out of the construction context, to complex commercial litigation and claims under the Employee Retirement Income Security Act (“ERISA”). Most recently, he was lead counsel for a team of Cokinos | Young trial lawyers in the prosecution of a claim on behalf of an employee-owned company against the administrator of its Employee Stock Ownership Plan (“ESOP”).
Education
University of Texas School of Law – J.D., 2008
University of Texas at Austin – B.A., Plan II Honors Program, 2002
University of Texas at Austin – B.B.A., Finance, 2002
Recognitions & Distinctions
Best Lawyer in America 2023, 2024: Insurance Law
Named a Texas Super Lawyer by Thomson Reuters from 2022-2023. Each year, no more than 5 percent of lawyers in the state are selected to receive this honor.
Representative Experience
Submitted amicus brief on behalf of the National Association of Home Builders, Home Builders Association of Tennessee, and Home Builders Association of Greater Knoxville to the Tennessee Supreme Court in West Bend Mutual Ins. Co. v. Healy Homes, LLC, arguing that the Tennessee Supreme Court should follow a narrower construction of the standard “Pollution Exclusion” in a CGL policy.
Submitted amicus brief on behalf of Associated General Contractors of America (“AGC”) and Texas Building Branch—AGC, in support of Austin Bridge & Road, L.P. (“ABR”) in San Antonio River Authority v. Austin Bridge & Road, L.P., — S.W.3d —, 2020 WL 2097347 (Tex. May 1, 2020). After arbitrator denied River Authority’s plea of governmental immunity, River Authority objected to continuation of arbitration and filed suit against contractors in district court, contending that it lacked authority to agree to mandatory arbitration. Texas Supreme Court found for ABR and held that the River Authority had authority under the Local Government Code to agree to arbitrate disputes arising from a construction contract.
Lead counsel on lawsuit against carrier that denied coverage under client’s first-party property policy for Hurricane Harvey loss. Case resulted in seven figure settlement for client.
Obtained multi-million dollar settlement for a general contractor in a dispute involving coverage for a complex construction defect suit, in which primary and excess insurers all denied coverage.
Obtained summary judgment for general contractor client in declaratory judgment action filed by client’s liability insurer. Insurer denied coverage for underlying lawsuit involving alleged defects in construction of a municipal sports complex and filed suit seeking a declaratory judgment that it owed no duty to defend or indemnify the general contractor based on the “Breach of Contract Exclusion” endorsement in the policy. Court held that breach of contract exclusion did not apply to allegations of property damage caused by the defective work of client’s subcontractors, and insurer owed a duty to defend. Mt. Hawley Ins. Co. v. Slay Engineering / Texas Multi-Chem / Huser Construction Company, LLC, No. 5-18-CV-00252-OLG, 2018 WL 3946547 (W.D. Tex. Aug. 15, 2018).
Obtained summary judgment and dismissal of all claims against owner and general contractor in a third party over personal injury action brought by injured employee of subcontractor. The owner, general contractor, and plaintiff’s employer were insured under an owner controlled insurance program (“OCIP”). The court applied section 406.123 of the Texas Labor Code to extend the protection of the worker’s compensation bar to the owner and general contractor.
Prepared amicus brief in support of Austin Bridge & Road, LP in Austin Bridge & Road, LP v. Suarez, et al., — S.W.3d —, 2018 WL 2049356 (Tex. App.—Houston [1st Dist.] May 3, 2018, no pet.). Court enforced OCIP workers compensation bar under Section 406.123 of the Texas Labor Code, reversed $17 million verdict and rendered take nothing verdict in wrongful death suit brought by survivors of sub-subcontractor’s employee, who died while performing work on McClane Stadium project at Baylor University. Court confirmed previous Texas cases holding that all contractors and subcontractors on the project that were insured under the OCIP were entitled to comp bar protection.
Regularly work with construction clients, prior to engaging in coverage litigation, to ensure that insurance carriers are properly defending their insureds, contributing to settlement of covered property damage and bodily injury claims, and paying first party claims under business risk and commercial property policies.
Speaking Engagements & Presentations
Presenter, “Insurance Law Update” — Construction Law Foundation of Texas, 2021 Annual CLE for Board Certified Construction Lawyers
Presenter and Article Author for the “Construction Update” — Texas Insurance Law Section, Advanced Insurance Law CLE (Webcast), 10-1-2021
Presenter and Article Author for the “Construction Update” — Texas Insurance Law Section, Advanced Insurance Law CLE (Webcast), 6-5-2020
Panel Member – EPC Contract & Risk Management for Construction and Capital Projects Conference, Houston, Texas 9-12-19
Insurance Co. Must Cover Contractor in Sports Complex Row, by Mike Curley – Law360, 8-17-18
Court of Appeals Enforces OCIP Workers Comp Bar, Reverses $17 Million Verdict and Renders Take Nothing Judgment, 5-7-18
Court Enforces OCIP Workers Comp Bar in Third Party Over Action, 12-8-17
Insurance Basics for the Construction Lawyer – The Basic Course in Texas Construction Law 2017, Dallas, Texas 11-30-17
USAA v. Menchaca, Texas Supreme Court Issues Significant Clarification Affecting Insureds and Insurers, 4-25-17
Publications
Texas Negligence Case Holds Lessons for Construction Cos., Law 360, August 26, 2021
Memberships & Affiliations
Dallas Bar Association: Construction Law, Tort & Insurance Practice Sections
Dallas Bar Association: Construction Law Section, Council Member (2021)
Dallas Association of Young Lawyers
Admissions
State Bar of Texas
United States Courts of Appeals for the Fifth Circuit
United States District Court: Northern, Eastern, Southern & Western Districts of Texas
Community Involvement
McKinney Avenue Transit Authority: Board of Directors, 2016 – Present; Chairman of Fundraising and Development (2018-2019)
Exchange Club of Lake Highlands: Scholarship Committee, 2017; Oktoberfest Committee (2013)
Pat Wielinski practices in the areas of construction, insurance coverage and risk management. He provides advice on risk management issues and programs, integrating insurance, contract documents and project relationships to manage and transfer risk for his clients. He also counsels clients as to insurance coverage and contractual risk transfer disputes, having been involved in insurance coverage claims for defective workmanship for over 35 years. At the same time, his practice involves commercial general liability, additional insured, builders risk, wrap ups and controlled insurance programs, subcontractor default coverage, design professional, contractors protective professional liability, miscellaneous errors and omissions, environmental, oil and gas, property, directors and officers and other third party and first party coverages. Pat regularly lectures to construction, insurance, and legal groups on insurance coverage and risk management issues, having authored numerous publications, many of which are relied upon in the insurance and construction industries.
Pat represents national, state and local chapters of construction trade organizations, including the Associated General Contractors of America, in the filing of amicus curiae briefs in jurisdictions in which significant issues relating to insurance coverage for the construction industry are on appeal. The amicus curiae effort presents the arguments to be made on behalf of the entire construction industry as to the importance of the appeal.
Education
University of Minnesota – J. D., cum laude, 1981
St. John’s University – B.A. Government, summa cum laude, 1977
Recognitions & Distinctions
Lawyer of the Year, 2021, Dallas/Fort Worth, Insurance Law, Best Lawyers
Lawyer of the Year, 2019, Dallas/Fort Worth, Construction Litigation, Best Lawyers
Best Lawyers in America 2008 – 2024: Construction Law, Litigation – Construction & Insurance Law
Texas Super Lawyer, Thomson Reuters, since 2004.
Leading Lawyer for Business: Texas Construction and Insurance, Chambers USA, since 2007
Texas’ Best Lawyers, Best Lawyers: The Premium Guide, since 2009
AV rated by Martindale-Hubbell Peer Review Ratings
Representative Experience
Represents general contractors in drafting and submitting claims on Subcontractor default insurance policies.
Represented insured bank in prosecuting claims against its financial institution’s insurers as to claim involving fictitious collateral.
Represented captive insurer of highway and bridge contractor as to substantial construction defect claim as to retaining walls on tollway project, reaching a favorable settlement involving numerous parties.
Represented general contractor in obtaining a settlement as to builders risk coverage for a multi-story tower and above-ground parking facility, the excavation of which was inundated with groundwater during construction.
Represented insured utility contractor in prosecuting and settle in builders risk claim involving tunnel collapse under flooded riverbed.
Represented international airport as to CGL and professional liability coverage and settlement for alleged defects in automated people-mover.
Represented manufacturer of two million-gallon concrete water tanks as to coverage and favorable settlement for defective concrete installed by subcontractor.
Represented radiographic inspection company as to insurance claims against its CGL and professional liability insurers for settlement of claim brought by large utility for alleged non-compliant inspections of welds in natural gas pipeline.
Represented surety in subrogation action against principal’s CGL insurer as to coverage and settlement of defective water pipeline claim.
Represented general contractor as to multi-faceted claims on CGL and umbrella policies issued as part of OCIP and subcontractor default policy, arising out of balcony failure on high rise hotel condominium project.
Represented national homebuilder in a dispute with its pollution liability insurer over coverage for repair and remediation of hundreds of homes in the Southeast due to installation of Chinese drywall, obtaining a settlement after favorable ruling on venue retaining the case in Texas state court.
Represented developer as coverage counsel in obtaining settlement on builders risk policy for delay caused by water infiltration.
Represented construction lender as coverage counsel in mediating and settling claim against builders risk carrier arising out of demolition of high rise condominium project prior to completion due to construction defects.
Represented contractor in a dispute with its wrap up insurer over coverage for defective showers throughout a casino/hotel project, obtaining completed operations coverage for the client
Represented general contractor as to collapse of 96-foot silo loaded with direct reduced iron pellets. Pursued completed operations coverage for property damage arising out of the collapse, and obtained a favorable opinion from the appellate court as to resulting damage as an “occurrence” under Arkansas law.
Represented owner of condominium project that suffered damage prior to completion due to construction defects, obtaining an opinion from the appellate court narrowly circumscribing the “particular part” of the property damage that was excluded and resulting in a favorable judgment for the owner against the contractor’s commercial general liability insurer.
Represented insured excavation subcontractor in claim against its commercial general liability insurer for the cost of overlaying a parking lot due to the fill installed by the subcontractor. The court held that property damage resulting from unintentional acts constitutes an “occurrence” under the policy, and refused to apply the impaired property exclusion to the claim.
Represented insured contractor against its commercial general liability insurer to recover its attorneys fees arising out of a breach by the insurer of the policy. The Texas Supreme Court upheld the right of Texas insureds to recover those fees pursuant to Chapter 38 of the Texas Civil Practice & Remedies Code.
Obtained the first appellate opinion in Texas as to the 1986 pollution exclusion in a commercial general liability policy, in which the court refused to apply the exclusion where the insured contractor had encountered an underground pipeline on the site of its operations.
Reported Cases
Satterfield and Pontikes Construction, Inc. v. U.S. Fire Ins. Co. 898 F.3d 574 (5th Cir. 2018) (allocation of indemnity settlement with subcontractors between CGL and excess insurers)
Chartis Specialty Ins. Co. v. American Contractors Ins. Co. Risk Retention Group, 2014 WL 3943722, 2014 U.S. Dist. LEXIS 110968 (D. Or. August 12, 2014) (upholding single occurrence as to developer of condominium project)
American Contractors Ins. Co. Risk Retention Group v. Zurich American Ins. Co., 2011 WL 6065400, (S.D. Fla. November 22, 2011) (upholding coverage for general contractor as additional insured on subcontractor’s policy in dispute involving the work performed by the subcontractor)
Lexicon, Inc. v. ACE American Ins. Co., 634 So.2d 423 (8th Cir. 2011)(upholding covered occurrence for resulting damage arising out of defective work of insured’s subcontractor)
Mid-Continent Casualty Co. v. JHP Development, Inc., 557 F.3d 207 (5th Cir. 2009) (upholding coverage for owner as judgment creditor of general contractor for defective workmanship performed on condominium project)
Broadmoor Anderson v. National Union Fire Ins. Co. of Louisiana, 912 So.2d 400 (La.App. 2 Cir. 2005) (upholding completed operations coverage for general contractor as to defective workmanship performed by subcontractor on casino project)
Wanzek Construction Co. v. Employers Ins. Co. of Wausau, 679 N.W.2d 322 (Minn. 2004) (completed operations coverage upheld for general contractor as to supplier under subcontractor exception in CGL policy)
Venture Encoding, Inc. v. Atlantic Mutual Ins. Co., 107 S.W.3d 729 (Tex.App. – Fort Worth 2002, pet. denied) (expenses incurred in curing breach of contract covered as “legal obligation” under liability policy insuring agreement)
Harken Exploration Company v. Sphere Drake Insurance PLC, 261 F.3d 466 (5th Cir. 2001) (saline contamination arising out of ordinary operations is a covered occurrence under insured drilling company’s CGL policies)
Grapevine Excavation, Inc. v. Maryland Lloyds, 35 S.W.3d 1 (Tex. 2000) (answering certified question in favor of insured contractor that policyholders are entitled to recover attorneys fees when insurer has breached the policy contract)
Continental Casualty Co. v. Major Constructors Co., 2000 WL 991601 (Tex.App. – Houston [14th Dist.] 2000) (contractual obligation gives rise to a legal obligation for purposes of contractor’s CGL coverage)
Kelley-Coppedge, Inc. v. Highlands Ins. Co., 980 S.W.2d 462 (Tex. 1998) (first Texas case interpreting 1986 pollution exclusion, upholding CGL coverage for contractor that struck an underground pipeline)
Federated Mutual Ins. Co. v. Grapevine Excavation, Inc., 197 F.3d 720 (5th Cir. 1999) (breach of construction contract as occurrence under CGL policy)
Data Specialties, Inc. v. Transcontinental Ins. Co., 125 F.3d 909 (5th Cir. 1997) (CGL coverage for breach of construction contract)
Reported Cases – Amicus Curiae Participation
Skanska USA Building Inc. v. M.A.P. Mechanical Contractors, Inc., __ N.W.2d __, 2020 WL 3527909 (Mich. June 29, 2020)
Ewing Construction Co., Inc. v. Amerisure Ins. Co., 420 S.W.3d 30 (Tex. 2014)
Cypress Point Condominium Assoc., Inc. v. Adria Towers, LLC, 143 A.3d 273 (N.J. 2016)
Lennar Corp. v. Markel American Ins. Co., 413 S.W.3d 750 (Tex. 2013)
Pennsylvania Mutual Casualty Ins. Co. v. St. Catherine of Sienna Parish, 790 F.3d 1173 (11th Cir. 2015)
Lamar Homes, Inc. v. Mid-Continent Casualty Company, 242 S.W.3d 1 (Tex. 2007
Excess Underwriters at Lloyd’s, v. Frank’s Casing Crew & Rental Tools, Inc., 93 S.W.3d 178 (Tex. 2002)
Auto-Owners Insurance Company v. Pozzi Window Company, 984 So.2d 1241 (Fla. 2008)
United States Fire Insurance Company v. J.S.U.B., Inc., 979 So.2d 871 (Fla. 2007)
American Empire Surplus Lines Ins. Co, v. Hathaway Development Co., Inc., 288 Ga. 749, 707 S.E.2d 369 (2011)
Architex Association, Inc. v. Scottsdale Insurance Company, 27 So.3d 1148 (Miss. 2010)
Gilbane Building Company v. Admiral Insurance Company, 664 F.3d 589 (5th Cir. 2011)
Gilbert Texas Construction, L.P. v. Underwriters at Lloyd’s London, 327 S.W.2d 589 (Tex. 2011)
HCBeck, Ltd. v. Charles Rice, 284 S.W.3d 349 (Tex. 2009)
McDonald Constr. Co., Inc. v. Bituminous Cas. Corp., 279 S.E.2d 787, 632 S.E.2d 420 (Ga. App. 2006).
Precise Construction, Inc. v. Amerisure Ins. Co., 417 Fed. Appx. 871, 2011 WL 855821 (11th Cir. 2011)
Transportation Insurance Company v. Piedmont Construction Group, 301 Ga.App. 17, 686 S.E.2d 824 (2009)
Mid-United Contractors, Inc. v. Providence Lloyds Ins. Co., 754 S.W.2d 824 (Tex.App. – Fort Worth 1988, writ denied)
Speaking Engagements & Presentations
Co-Presenter, “Oddities of the Texas Anti-Indemnity Statute,” Construction Law Foundation of Texas, 33rd Annual Construction Law Conference, San Antonio, Texas, March 2020
Presenter, “2018 Insurance Law Update,” Construction Law Foundation of Texas, 31st Annual Construction Law Conference, San Antonio, Texas, March 2018
Presenter, “Dichotomizing CGL Coverage for Construction Defects,” AGC of America-Surety Bonding and Risk Management Conference, Naples, Florida, January, 2018
Presenter, “Lessons Learned: When CGL and Professional Coverages Collide,” 37th IRMI Construction Risk Conference, Indianapolis, Indiana, November, 2017
Presenter, “Covering All the Bases: How to Construct Your Builders Risk Policies and Prepare Your Claims to Maximize Your Coverage for General Conditions and Other Soft Costs,” AGC Surety Bonding and Construction Risk Management Conference, Naples, Florida, January, 2017
Presenter, “The Construction Defect Case: Litigating the Defect or Litigating to Coverage” American Bar Association Forum on Construction Law Annual Meeting, April 2016.
Publications
Author, “Beware the Stunted CGL: Breach of Contract Endorsements,” published by International Risk Management Institute, Inc. of Dallas, Texas, at www.irmi.com, July 2020
Author, Insurance For Defective Construction, Fifth Edition, published by International Risk Management Institute, Inc. of Dallas, Texas, September, 2018
Author, Third Party Over Actions: Problems And Solutions, published by The Third Party and Additional Insured Liability Task Force of the Associated General Contractors of America, 1997
Co-Author, Contractual Risk Transfer: Strategies For Contract Indemnity And Insurance Provisions, published by International Risk Management Institute, Inc. of Dallas, Texas, August, 1995
Co-Author with Jack P. Gibson, Broad Form Property Damage Coverage, published by International Risk Management Institute, Inc. of Dallas, Texas, October, 1992
Memberships & Affiliations
State Bar of Texas: Past Chair, Insurance Law Section; Construction Law and Insurance Sections
Defense Research Institute: Construction Law Section
Dallas Bar Association: Construction and Tort and Insurance Sections
American College of Coverage Counsel
Associated General Contractors of America: National Surety Bonding and Construction Risk Management Committee
TEXO (DFW Chapter), Associated General Contractors of America
American Bar Association: Forum on the Construction Industry, Litigation Section, Tort Trial and Insurance Section
Admissions
Supreme Court of Texas
United States Supreme Court
United States Courts of Appeals for the Fifth, Eighth & Eleventh Circuits
United States District Courts: Northern, Eastern, Southern & Western Districts of Texas
Anderson Sessions is a courtroom lawyer whose practice focuses on resolving a broad array of complex business disputes. As an experienced litigator, Anderson is able to deliver strategic legal solutions to clients in all aspects of the dispute resolution process. His practice focuses on defending and prosecuting high-stakes business disputes involving breaches of contract, common law and securities, fraud deceptive trade practices, employment disputes, trade-secret litigation, unfair competition and trademark litigation, shareholder and partnership disputes, commercial real estate disputes, oil & gas litigation and other business torts. Anderson also has representative experience counseling oil & gas and energy-related companies with regulatory matters involving the Texas Railroad Commission, Texas General Land Office, and Texas Commission on Environmental Quality.
Anderson earned his bachelor’s degree in Political Science from Baylor University in 2010 and his law degree from Baylor University School of Law in 2013. During law school, Anderson excelled in various moot court and mock trial teams and was selected to represent Baylor Law School at the prestigious National Institute for Trial Advocacy’s Tournament of Champions. Anderson is a recipient of Baylor Law School’s Fraley & Fraley Mock Trial Award, an award given for excellence in trial advocacy and procedure.
Education
Baylor University School of Law – J.D., 2013
Baylor University – B.A., 2010
Recognitions & Distinctions
Best Lawyers in America: Ones to Watch 2024- Construction Law
Named “Rising Star” by Texas Super Lawyers, a publication of Thomson Reuters®, in the practice area of Business Litigation (2020-2023).
Representative Experience
Representative experience includes counseling Fortune 500 companies, closely-held companies and small businesses, and individuals, including:
Successfully obtained and defended on appeal, trial court summary judgment granting client more than $350,000 US in contractual damages and awards of attorneys’ fees relating to UCC breach of contract claims (Minchul Ho, et al. v. Benco Machinery, LLC, 2020 WL 7268586 (Tex.App.—Dallas 2020).
Successfully negotiated favorable multi-million-dollar settlement for commercial landlord in connection with commercial real estate and beach of lease dispute.
Second-chair trial counsel in case resulting in successful no-evidence dismissal of theft and misappropriation of trade-secret claims concerning multi-million-dollar commercial product and favorable jury verdict awarding full recovery of attorneys’ fees under Texas Theft Liability Act;
Second-chair trial counsel in five-day jury trial involving complex commercial leasing dispute involving breach of contract, negligent misrepresentation, fraud, and breach of fiduciary duty claims relating to medical cost-sharing associations;
Second-chair trial counsel for complex oil & gas case involving fraud, negligent misrepresentation, breach of contract, and trespass to try title;
Conducted single-day trial under Tex. R. Civ. P. 169 ‘expedited actions’ process concerning tortious conversion of commercial rent deposits, resulting in win for client and award of exemplary damages;
Successfully obtained injunctive relief and recovery of attorneys’ fees against former company officer for misappropriation of trade-secrets and violation of company non-compete/non-disclosure agreement;
Successfully obtained Temporary Restraining Order against municipal governmental entities for breach of contract in relation to proprietary dispute over use of commercial-grade soccer fields in North Texas;
Obtained summary judgment on clients’ claim for breach of contract in complex commercial leasing dispute, resulting in liability for $650,000 in lost profits;
Obtained summary judgment on client’s claim for breach of contract in multi-party commercial oil & gas “Frac” tank dispute, resulting in severance judgment and over $50,000 in attorneys’ fees;
Successfully defended against dual summary judgments resulting in immediate favorable settlement of 5-year litigation standoff between probate beneficiaries and minority shareholders of closely-held oil and gas company;
Successfully defended against procedural severance of more than $250,000 in claims wrongfully granted against client in partial-summary judgment proceedings, leading to reconsideration of summary judgment and favorable settlement terms for client;
Conducted pre-suit investigation and negotiations pertaining to allegations of employee misappropriation of aviation and aeronautical company assets and trade secrets, leading to favorable enforcement of company’s non-disclosure / non-compete agreement
Memberships & Affiliations
DAYL 2017 Leadership Class
Patrick E. Higginbotham American Inn of Court
Dallas Association of Young Lawyers
Dallas Bar Association Mock Trial Committee
Dallas Bar Association Judiciary Committee
Dallas Bar Association, Litigation and Trial Skills Section (Member)
Admissions
State Bar of Texas (2014)
United States District Court: Northern, Eastern & Western Districts of Texas
Amy Rauch is an associate in the Dallas office of Cokinos | Young. Amy’s practice focuses primarily on insurance coverage issues. In that regard, she regularly provides insurance advice to clients in the construction industry, including contractors, owners, and subcontractors. This includes advising clients on insurance and indemnity provisions in contract documents at the outset of their projects to help them manage and transfer risk, as well as advising them in disputes with their insurance companies following a claim. She frequently leads the pursuit of defense and indemnity from additional insured carriers on behalf of general contractor and subcontractor clients and has successfully obtained a defense from one or more additional insured carriers for those clients in multiple construction defect and employee injury cases.
However, Amy also provides insurance coverage advice to individuals and businesses outside of the construction context to help ensure that their insurers honor their obligations under a wide range of insurance policies, including professional liability policies, crime policies, inland marine policies, commercial property and auto policies, and homeowners policies.
In addition, she co-authored the Legal Foundations of Professional Liability article in Professional Liability Insurance, which was published by International Risk Management Institute in 2019, and the “Construction Update” article for the State Bar of Texas 18th Annual Advanced Insurance Law CLE (Webcast) on October 1, 2021.
Education
Southern Methodist University, Dedman School of Law – J.D., cum laude, 2015
– Articles Editor, SMU Law Review
Ohio State University – B.A., magna cum laude, 2007
Representative Experience
Developed arguments and acted as primary briefing attorney for a motion for partial summary judgment on the duty to defend in a Texas state court declaratory judgment action filed by a commercial general liability (CGL) carrier against its named insured subcontractor, in which the carrier sought a declaration that it had no duty to defend or indemnify its insured in the underlying construction defect lawsuit. The court found that the carrier had a duty to defend the subcontractor, which resulted in the carrier’s participation in settling the underlying claims against the subcontractor and the subcontractor’s dismissal from the underlying lawsuit, as well as the dismissal of the state court declaratory judgment action. In connection with that same subcontractor and underlying lawsuit, developed arguments and acted as primary briefing attorney for a motion to dismiss the claims filed by the general contractor’s CGL carrier against the subcontractor in a federal declaratory judgment action. The court granted the subcontractor’s motion to dismiss in early 2022, ending the subcontractor’s involvement in the federal declaratory judgment action.
Work with construction clients to ensure that the clients’ own insurance carriers and their additional insured carriers are properly defending their insureds and contributing to settlement of covered property damage and bodily injury claims.
Work with homeowners to ensure that insurance carriers are properly paying first party claims or defending liability claims under homeowners policies.
Developed arguments and acted as primary briefing attorney on lawsuit against carrier that denied coverage under client’s first-party property policy for Hurricane Harvey loss. Case resulted in seven figure settlement for client.
Memberships & Affiliations
Dallas Bar Association: Construction Law, Tort & Insurance Practice Sections
Dallas Young Lawyers Association
State Bar of Texas: Construction Law Section and Insurance Law Section
Admissions
State Bar of Texas
United States Court of Appeals for the Fifth Circuit
United States District Courts: Northern, Eastern, Southern & Western Districts of Texas
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