Tim Delabar is an attorney in Cokinos | Young’s Dallas Office. Tim’s practice is primarily focused on insurance coverage, commercial litigation, and related appellate matters. His experience includes litigating matters before federal and state courts in Texas and surrounding states as well as on appeals to the Fifth and Tenth Circuit Courts of Appeals, Texas Supreme Court, and numerous intermediate appellate courts in Texas.
Tim has experience as both first and second chair and has taken cases to verdict in state and federal courts representing both plaintiffs and defendants. His appellate experience reinforces that appeals are won or lost at the trial court and Tim takes to heart Professor Gerald Powell’s advice that a good trial lawyer is a good record-smith. Whether it is forum battles, dispositive motions, evidentiary disputes, or the jury charge, Tim works tirelessly to position cases to ensure successful outcomes at the trial court and to defend those successes on appeal.
Tim sharpens his appellate and litigation skills by constantly exploring evolving areas of the law. The St. Mary’s Law Journal recently published Tim’s argument in favor of expanding mandamus review to the denial of no-evidence summary judgment motions, something the Texas Supreme Court has traditionally found unsuitable for mandamus review.
Tim received his J.D. from Baylor Law School, where he competed in the National Moot Court Competition in Child Welfare & Adoption Law where he made it to the semi-finals. Tim also competed in Baylor Law’s intra-school moot court competition where he made it to the semi-finals and was named a top-10 overall speaker. As an undergrad at Texas Christian University, Tim majored in Political Science.
Education
Baylor Law School – J.D., 2019
Texas Christian University – B.S., Political Science, 2015
Publications
Author, The Next Thirty Years: Developments in Mandamus Jurisprudence in the Last Thirty Years and Why the General Rule that Mandamus is Unavailable to Review the Denial of Summary Judgment is Inconsistent with Modern Mandamus Jurisprudence Under the In Re Prudential Balancing Test, 55 St. Mary’s L.J. 351 (April 2024).
Memberships & Affiliations
State Bar of Texas: Appellate, Construction, Litigation, and Insurance Sections
Dallas Bar Association: Appellate, Construction, Professionalism, Tort & Insurance Practice, and Trial Skills Sections
American Bar Association: Litigation, Tort Trial & Insurance Practice, and JD Appellate Judges Conference Sections
Dallas Association of Young Lawyers
Admissions
State Bar of Texas
United States District Court: Northern, Eastern, Southern, and Western Districts of Texas, District of New Mexico, Western District of Oklahoma, Western District of Tennessee
United States Courts of Appeals for the Fifth and Tenth Circuits
Dale Fresch has represented plaintiffs and defendants—from individuals to Fortune 500 companies—in state and federal courts from one end of the country to the other in cases centered on contract disputes, construction, personal injury, medical device liability, environmental contamination, intellectual property, financial services, and food and beverage service. He has also mediated and/or arbitrated dozens of cases before the AAA and JAMS. Whether in court or in an alternative dispute resolution setting, the approach is always the same: work with the client to get the best result possible without wasting their time or money.
Dale had a career in journalism before becoming an attorney and finds that the same qualities that made him a good journalist—curiosity, grit, and, more than anything else, a love for a good story—serve him well as a lawyer. Dale loves digging into a case, interviewing people, developing the facts, and figuring out how to tell the client’s story in a way that pulls people in and makes them care.
When he’s not working a case, Dale can usually be found bothering his wife or his three young children—all of whom are generally cooler and better looking than him.
Education
SMU Dedman School of Law – J.D., cum laude, 2013
Dean’s Scholarship Recipient
Editor-in-Chief, Journal of Air Law & Commerce
Purdue University – B.A. Creative Writing, 2003; B.A. Film Studies, 2003
Recognitions & Distinctions
Best Lawyers in America: Ones to Watch – Commercial Litigation, 2023-2024
Super Lawyers: Rising Star 2020-2023
Representative Experience
Successfully defended restaurant and maintained its liquor license in administrative proceeding brought by Texas Alcoholic Beverage Commission following fatal motorcycle accident involving restaurant’s customer.
Steered financial services client through 8-week examination by Consumer Financial Protection Bureau resulting in no monetary fines or penalties to client.
Obtained summary judgment on behalf of client in premises liability case involving shooting in client’s parking lot.
Obtained summary judgment on behalf of client in premises liability case involving slip and fall at client’s restaurant.
Arbitrated dozens of personal injury cases for regional operator of apartment complexes.
Negotiated favorable settlement terms in numerous personal injury lawsuits.
Memberships & Affiliations
Dallas Bar Association
Admissions
State Bar of Texas (2013)
United States District Court: Northern District of Texas
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
Recognitions & Distinctions
Super Lawyers Rising Stars 2024
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, “AI in Construction Law: Managing Risks and Opportunities,” New Jersey Institute for Continuing Legal Education, February 6, 2024
Presenter, “Contractual Review & Strategies” – Specification Consultants in Independent Practice (SCIP) Annual Meeting, June 14, 2022
Memberships & Affiliations
State Bar of Texas
Dallas Bar Association: Construction Law Section
Dallas Association of Young Lawyers, Trial Skills Committee
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
Stephanie Cook has extensive experience with a wide range of business negotiations and 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 successfully negotiated contracts and resolved claims in excess of $1 billion in mission critical and emerging technology work, including for national and regional Top 20 ENR contractors and leading industry practitioners. She has experience in mission critical contracting, various project delivery methods, nuclear energy project delivery, project delays and claim resolution.
Stephanie has settled, tried or appealed a broad range of commercial and construction cases in state and federal courts in Texas, from delay claims, 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 in projects that are financially distressed.
Her devotion to the construction industry includes representing the industry 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 working with TEXO (AGC/ABC in North Texas) to chair a new Risk Management Committee. She is the past-Chair of AGC-Austin’s Diversity and Inclusion Committee and past 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
Best Lawyers in America 2021 – 2024: Construction Law & Litigation – Construction
America’s Top 100 Bet-the-Company Litigators (2019-2022)
“Texas Rising Star,” Texas Monthly (2004)
Speaking Engagements & Presentations
Adjunct Professor, University of Texas at Austin School of Law, Arbitration – Spring 2024; Fall 2022; Fall 2021
“The Power and Persuasion of a Lien” — AGC-TBB, June 2023
“DEI Impact Initiatives: Sexual Harassment” — TEXO Association, May 2023
“Contract Drafting and Administration After James v. Westlake” —DBIA Southwest, April 2023
“James v. Westlake”— AGC-TBB, July 2022
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 Foundation DE&I Committee Chair (2022-2023)
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 is a leader of the Insurance Coverage and Risk Management practice group and manages the firm’s Dallas office. He has over a decade of experience advising clients on a broad range of insurance coverage issues. Travis began his career at an insurer-side firm with a national practice 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 claim for coverage involving an e-mail spoofing/wire fraud incident, an eight-figure claim involving catastrophic property damage from the 2021 statewide freeze event in Texas, and several seven and eight-figure claims under builders risk policies.
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 (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 Court 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
Legend of Dallas Construction Law, Dallas Bar Association Construction Law Section, December 2023
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: Construction Law, Insurance Law, Litigation – Construction, Litigation – Insurance since 2008
Recommended Lawyer, Who’s Who in Reinsurance & Insurance – USA
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
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
Liberty Surplus Insurance Corporation v. Kaufman Lynn Construction, Inc., No. 23-12715-F (11th Cir.)
Acuity v. M/I Homes of Chicago, LLC. 2023 IL 129087, reh’g denied (Jan. 22, 2024)
Skanska USA Building Inc. v. M.A.P. Mechanical Contractors, Inc., 952 N.W.2d 402 (Mich., 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, “Construction Builders Risk and CGL Insurance: Scope of Coverage, Covered Losses, Exclusions, AI Endorsements, Strafford Live Video Webinar, April 2024
“It Don’t Come Easy: Insuring Defective Construction Claims Over the Last 50 Years,” Houston Bar Association Monthly Meeting, November 2023
“Insuring Defective Construction Claims Over the Last 50 Years: The Song Remains the Same?” International Risk Management Institute Live Webinar, October 2023
Co-Presenter, “Construction Builders Risk and CGL Insurance: Scope of Coverage, Covered Losses, Exclusions, AI Endorsements, Strafford Live Video Webinar, April 2024
“Construction Indemnity: Still the Wild West?” Austin Bridge and Road, September 2022
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, “Contractual Risk Transfer-Lower-Tier Entity Insurance Management,” CFMA 2017 National Conference, Phoenix, Arizona, June 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.
Major Publications
Author, Insurance For Defective Construction, Sixth Edition, published by International Risk Management Institute, Inc. of Dallas, Texas, August 2023
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
Co-Editor, Construction Insurance: A Guide for Attorneys and Other Professionals, (Co-author with Lee Shidlofsky on Commercial General Liability chapter), ABA Forum on the Construction Industry, 2011
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 Court of Appeals for the Fifth, Eighth, & Eleventh Circuits
United States District Court: 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 – 2024)
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
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