GEORGE BROTHERS KINCAID & HORTON LLP 1100 Norwood Tower 114 West 7th Street Austin, Texas / / fax

Transcription

1 MARK L. KINCAID GEORGE BROTHERS KINCAID & HORTON LLP 1100 Norwood Tower 114 West 7th Street Austin, Texas / / fax Mark Kincaid is a partner in George Brothers Kincaid & Horton, L.L.P., where he represents consumers and businesses in consumer, insurance, and deceptive trade practices litigation. He has extensive experience representing consumers and businesses in insurance disputes, and in a broad array of civil litigation. Mark Kincaid has represented insureds and claimants in cases involving liability insurance, life insurance, errors and omissions, directors and officers liability, homeowners, commercial property, automobile, commercial automobile, health, disability, employment practices, workers compensation, title, excess, and reinsurance. In addition, Mark Kincaid represents consumers in professional liability suits. Mark is board-certified by the Texas Board of Legal Specialization in Civil Trial Law, Consumer & Business Law, and Civil Appellate Law. He represents clients as trial lawyer, appellate advocate, expert, advisor, and negotiator in individual cases, class actions, and mass torts. Mark also assists other lawyers in representing clients with insurance issues. Mark Kincaid successfully argued the landmark Texas cases establishing the right of first party insureds to sue for unfair insurance settlement practices (Vail v. Texas Farm Bureau) and the rights of insureds under liability policies to sue for an insurer s unfair refusal to settle (Rocor v. National Union). In 1994, Mark Kincaid was appointed by Governor Ann Richards to head the Office of Public Insurance Counsel, a state agency that advocated for insurance consumers, where he served before returning to private practice. From 1995 to the present, Mark Kincaid has taught Insurance Litigation as an Adjunct Professor at the University of Texas School of Law. He has also served as chair of the Consumer Law Council of the State Bar of Texas, and was editor of the Texas Consumer Law Reporter. Mark Kincaid co-authors West s Texas Practice Guide: Insurance Litigation ( ) In addition, Mark has been a member and advisory member of the Pattern Jury Charge Committee for Business, Consumer, Insurance & Employment Law from 1995 to the present, and served as chair from 2009 to Mark s colleagues have given him an AV rating in the Martindale-Hubbell Law Directory, the highest rating for competence and ethics, and have designated him a Super Lawyer in the 2003 through 2014 surveys of Texas lawyers published by Law & Politics Media and the publishers of Texas Monthly magazine.

2 EDUCATION B.B.A. with honors, University of Texas (1980) J. D. with honors, University of Texas School of Law (1983) PROFESSIONAL EXPERIENCE George Brothers Kincaid & Horton, L.L.P. (2012-present) Kincaid & Horton, L.L.P. ( ) Adjunct Professor, University of Texas School of Law (1995-present) (Insurance Litigation) Law Office of Mark L. Kincaid ( ) Public Counsel, Office of Public Insurance Counsel, State of Texas ( ) (appointed by Gov. Ann Richards to head agency advocating for the interests of Texas insurance consumers) Longley & Maxwell ( ) Editor, Texas Consumer Law Reporter ( ) Briefing Attorney, Supreme Court of Texas, Justice Franklin S. Spears ( ) BAR ADMISSIONS State Bar of Texas (1983) United States Supreme Court (1990) United States Court of Appeals, Fifth Circuit (1985) United States District Courts, Western District of Texas (1985), Southern District of Texas (1986), Eastern District of Texas (1988), Northern District of Texas (1998) AWARDS & CERTIFICATIONS Board Certified in Consumer & Commercial Law (1993), Civil Trial Law (1993), and Civil Appellate Law (1991), Texas Board of Legal Specialization AV Preeminent Peer Review Rating, Martindale.com Named as Super Lawyer by Law & Politics Media and the publishers of Texas Monthly ( ) Selected by his peers for inclusion in The Best Lawyers in America, for Commercial Litigation and Insurance Litigation (2015) 2

3 PROFESSIONAL ASSOCIATIONS & ACTIVITIES Texas Trial Lawyers Association, Director, Member, Legislative Vice President (2009), Legislative co-chair (2011) American Board of Trial Advocates, Member American Bar Foundation, Fellow Texas Bar Foundation, Fellow Austin Bar Foundation, Fellow Texas State Employees Union, CWA/AFL-CIO, Local 6186, Member State Bar of Texas Pattern Jury Charges Committee Business, Consumer, Insurance & Employment, Member ( ; ); Vice Chair ( ); Chair ( ); Advisory Member ( ); Texas Board of Legal Specialization, Consumer & Commercial Law Advisory Commission ( ) Consumer Law Council, State Bar of Texas Consumer Law Section; Chair ( ); Co-chair, Continuing Legal Education Committee ( ); Member ( ) Participating Attorney, Volunteer Legal Services of Central Texas Arbitrator, American Arbitration Association Austin Area Voluntary Arbitration Program for Insurance Claims ( ) Supreme Court of Texas Discovery Task Force ( ) Capitol Area Trial Lawyers Association; Executive Committee ( ) Travis County Bar Association; Local Rules Committee (1993); Co-chair, Judicial Affairs Committee ( ); Co-chair, Bench/Bar Civil Advisory Committee ( ) Frequent Lecturer and Author at Continuing Legal Education courses for the State Bar of Texas, University of Texas School of Law, St. Mary s University School of Law, Texas Tech University School of Law, University of Houston Law Center, and South Texas College of Law PUBLICATIONS & PRESENTATIONS BOOKS Mark L. Kincaid & Christopher W. Martin, Texas Practice Guide: Insurance Litigation (West ) 3

4 Co-author, Pattern Jury Charges, Business, Consumer, Insurance & Employment (State Bar of Texas 1996, 1998, 2000, 2003, 2006) ARTICLES & PAPERS Mark L. Kincaid & Suzette E. Selden, Insurance Update Critical Issues for PI Cases, State Bar of Texas, 30th Annual Advanced Personal Injury Law Course (2014) Mark L. Kincaid, The Jury Charge in Insurance Cases, State Bar of Texas, Advanced Insurance Law Course (2014) Mark L. Kincaid & Tracy McCormack, The Review of Litigation CLE Training - Being a trial lawyer in a mediation world, The University of Texas School of Law (2014) Mark L. Kincaid, How to Plead Your Claims and Defenses Based on the New Jury Charges, The University of Texas School of Law, 18th Annual Insurance Law Institute (2013) Mark L. Kincaid, Appellate Trips for Trial Lawyers, State Bar of Texas, Advanced Consumer & Commerical Law Course (2013) Mark L. Kincaid, Jury Charge and Charge Conference The In s and Out s of How to Submit Jury Questions, State Bar of Texas, Anatomy of Fiduciary Litigation (2012) Mark L. Kincaid, Choice of Law: How It Impacts Coverage and Surrounding Litigation, The University of Texas School of Law, 17th Annual Insurance Law Institute (2012) Mark L. Kincaid, The Jury Charge in Insurance Cases: The PJC and Beyond, South Texas College of Law CLE, 16th Annual Texas Insurance Law Symposium (2012) Mark L. Kincaid, Insurance Law Update/Trends, State Bar of Texas, Advanced Consumer & Commercial Law Course (2012) Mark L. Kincaid, Proving Mental Anguish, State Bar of Texas, 35th Annual Advanced Civil Trial Course (2012) Mark L. Kincaid, Suzette E. Selden & Elizabeth von Kreisler, Annual Survey of Texas Insurance Law, 15 J. Consumer & Comm l L. 30 (Spring 2012) Mark L. Kincaid & Mathew R. Pearson, First Party Insurance Update; Advanced Personal Injury Law Course (2011) Mark L. Kincaid & Guy D. Choate, Barratry in Texas Always a Crime; Now a Cause of Action, State Bar of Texas, Podcast (2011) Mark L. Kincaid, Extra-Contractual Update: The Year in Review, South Texas College of Law, 15th Annual Texas Insurance Law Symposium (2011) 4

5 Mark L. Kincaid, Suzette E. Selden & Elizabeth von Kreisler, Annual Survey of Texas Insurance Law, 14 J. Consumer & Comm l L. 59 (Spring 2011) Mark L. Kincaid, Responding to a Denial Insured s Strategies, Insurance Law Section of the State Bar of Texas, 7th Annual Advanced Insurance Law Course (2010) Mark L. Kincaid, Nuts and Bolts of a First Party Insurance Suit; Fundamentals of Insurance Program: A Guide to the Claims Process for Commercial Litigators, Business Lawyers, Brokers and New Coverage Counsel; The University of Texas School of Law (2010) Mark L. Kincaid, Preparing and Making A Claim: Insured s Strategies; Fundamentals of Insurance Program: A Guide to the Claims Process for Commercial Litigators, Business Lawyers, Brokers and New Coverage Counsel; The University of Texas School of Law (2010) Mark L. Kincaid, Suzette E. Selden & Elizabeth von Kreisler, Annual Survey of Texas Insurance Law, 13 J. Consumer & Comm l L. 64 (Spring 2010) Mark L. Kincaid, Suzette E. Selden & Zach Wolfe, Insurance Litigation, Including Bad Faith and Extra Contractual Damages, Austin Bar Association, Civil Litigation Section (2009) Mark L. Kincaid, Suzette E. Selden & Zach Wolfe, Insurance Litigation, Including Bad Faith and Extra Contractual Damages, State Bar of Texas, 32nd Annual Advanced Civil Trial Law Course (2009) Mark L. Kincaid, Settlements, Assignments, and Agreements Between Plaintiffs and Insured Defendants: What Can and Can't Be Done The Insurance Law Section of the State Bar of Texas, 6th Annual Advanced Insurance Law Course (2009) Mark L. Kincaid, Suzette E. Selden & Elizabeth von Kreisler, Annual Survey of Texas Insurance Law, 12 J. Consumer & Comm l L. 92 (Spring 2009) Mark L. Kincaid, Agreed Judgments, Assignments, and Other Strategies for Making the Insurance Company Pay: A Discussion of State Farm v. Gandy and Evanston v. Atofina, Austin Bar Association (2009) Mark L. Kincaid & Elizabeth von Kreisler, Annual Survey of Texas Insurance Law, 11 J. Consumer & Comm l L. 67 (Spring 2008) Mark L. Kincaid, The Down and Dirty of Insurance Claims, Univ. of Tex. School of Law, 32nd Ann. Page Keeton Civil Litigation Conference (2008) Mark L. Kincaid, Settlements, Assignments, and Agreements Between Plaintiffs and Insured Defendants: What Can and Can't Be Done, The Insurance Law Section of the State Bar of Texas, 5th Annual Advanced Insurance Law Course (2008) Mark L. Kincaid, The Importance of the Civil Justice System in Holding Corporate Wrongdoers Accountable and Protecting Consumers (2008) 5

6 Mark L. Kincaid & Mike Huddleston, The Jury Charge in First Party Insurance Cases, State Bar of Texas Committee on MCLE and Texas State College of Law, 12th Annual Texas Insurance Law Symposium (2008) Mark L. Kincaid & Suzette E. Selden, Annual Survey of Texas Insurance Law, 10 J. Consumer & Comm l L. 62 (Spring 2007) Mark L. Kincaid & Zach Wolfe, Insurance Issues for Trial Lawyers, Texas Trial Lawyers Association Commercial Litigation Seminar (2007) Mark L. Kincaid & Mike Huddleston, The Jury Charge in First Party Insurance Cases, Insurance Law Section of the State Bar of Texas and The University of Texas School of Law, 12th Annual Insurance Law Institute (2007) Mark L. Kincaid & Suzette E. Selden, Nuts & Bolts of A First Party Insurance Suit, Austin Bar Association, Bankruptcy Section, Austin Bankruptcy Law Presentation (2007) Mark L. Kincaid & Suzette Selden, Annual Survey of Texas Insurance Law, 10 J. Consumer & Comm l L. 62 (Spring 2007) Mark L. Kincaid, Anthony G. Read & Suzette E. Selden, A Practical Guide to Expert Witnesses In Insurance Cases, Sate Bar of Tex., 11th Annual Insurance Law Institute (2006) Mark L. Kincaid, Russell H. McMains, & James W. Walker, The Stowers Standard The Reasonable Carrier Standard and The Other Oxymorons, Sate Bar of Tex., 3rd Annual Advanced Insurance Law Course (2006) Mark L. Kincaid & Zach Wolfe, Insurance Issues for Trial Lawyers Texas Trial Lawyers Association, Commercial Litigation Seminar (2006) Mark L. Kincaid, Insurance Roundtable, Texas Lawyer (2006) Mark L. Kincaid, Opening Statement Plaintiff s Perspective, Austin Bar Association, Austin s Ultimate Trial Notebook (2006) Mark L. Kincaid, Annual Survey of Texas Insurance Law: Insurance Issues Every Trial Lawyer Needs to Know, State Bar of Tex., 22nd Ann. Litig. Update Inst. 15 (2006) Mark L. Kincaid, Annual Survey of Texas Insurance Law, 9 J. Tex. Consumer Law 66 (Spring 2006) Mark L. Kincaid, Agents, Agency, and Vicarious Liability, Univ. of Texas, 10th Annual Insurance Law Institute (2005) Mark L. Kincaid, How to Plead the Case for Coverage Coverage: What It Is and What It Should Be, State Bar of Tex., Insurance Law Sec., 2nd Annual Advanced Insurance Law Course (2005) Mark L. Kincaid & Trevor A. Taylor, Annual Survey of Texas Insurance Law, State Bar of Tex., Insurance Law Update (2005) Mark L. Kincaid & Trevor A. Taylor, Opening Statement: The Plaintiff s Perspective, Austin Bar Association Litigation Council, Austin s Ultimate Trial Notebook Seminar (2005) Mark L. Kincaid & Trevor A. Taylor, Annual Survey of Texas Insurance Law, State Bar of Tex., 21st Ann. Litig. Update Inst. 15 (2005) 6

7 Mark L. Kincaid, Annual Survey of Texas Insurance Law, 8 J. Tex. Consumer Law 118 (Spring 2005) Mark L. Kincaid, Nuts and Bolts of a First Party Insurance Suit, State Bar of Tex., Consumer Law Sec., Consumer Law: Doing Well by Doing Good (2004) Mark L. Kincaid & Trevor A. Taylor, Annual Survey of Texas Insurance Law, 7 J. Tex. Consumer L. 86 (2004) (reprinted in State Bar of Tex. 20th Ann. Litig. Update Inst. 19 (2004) (and 26 The Advocate 96 (Spring 2004)) Claudia W. Frost, J. Brett Busby, Mark L. Kincaid & Robert H. Pemberton, The Impact of HB 4 on the Court s Charge to the Jury, Univ. of Tex., Law Practice After HB4: What Every Practitioner Needs to Know (2003) Mark L. Kincaid & Trevor A. Taylor, Annual Survey of Insurance Law, 6 J. Tex. Consumer L. 2 (2002) (reprinted in State Bar of Tex. 19th Ann. Litig. Update Inst. 19 (2003) Mark L. Kincaid, Insurance Issues for the Personal Injury Lawyer, Univ. Tex., 26th Annual Page Keeton Products Liab. & Personal Injury Conf. (2002) Mark L. Kincaid & Trevor A. Taylor, Annual Survey of Insurance Law, 5 J. Tex. Consumer L. 14 (2001) Mark L. Kincaid & Trevor A. Taylor, Deceptive Trade Practices Act Overview, Volunteer Legal Serv. of Central Tex., Consumer Law & Landlord/Tenant Law Seminar (2001)) Mark L. Kincaid & Trevor A. Taylor, Annual Survey of Insurance Law, 4 J. Tex. Consumer L. 186 (2000) (reprinted in State Bar of Tex. 17th Ann. Litig. Update Inst. (2001), and State Bar of Tex., Ultimate Ins. Sem. 22 (2001)) Mark L. Kincaid, Prompt Payment of Claims Article of the Texas Insurance Code, State Bar of Tex., Consumer Law Sec., 9th Annual Ultimate Ins. Sem. K (2000) Mark L. Kincaid, Insurance Litigation, State Bar of Tex., 15th Annual Litig. Update Inst. (1999) Mark L. Kincaid, Annual Survey of Insurance Law, 3 J. Tex. Consumer L. 2 (1999) Mark L. Kincaid, Annual Survey of Insurance Law, Univ. of Tex., 22nd Annual Page Keeton Products Liab. & Personal Injury Conf. (1998); and Univ. Tex., 10th Annual Conf. on the Tex. Deceptive Trade Practices Act (1998) Mark L. Kincaid, Consumer, Fiduciary Duties, and the New Pattern Jury Charge, Univ. Tex., 10th Annual Conf. on the Tex. Deceptive Trade Practices Act (1998) Mark L. Kincaid, Fiduciary Duty, in State Bar of Tex., Adv. DTPA/Consumer/Ins. Law (1998) Mark L. Kincaid, Recent Developments Best of the Rest, State Bar of Tex., 7th Annual Ultimate Ins. Sem. (1998) Mark L. Kincaid, Insurance Law Update, State Bar of Tex., 7th Annual Ultimate Ins. Sem. (1998), and State Bar of Tex., 14th Annual Litig. Update Inst. (1998) Mark L. Kincaid, Annual Survey of Insurance Law, 2 J. Tex. Consumer L. 2 (1998) Mark L. Kincaid & David J. Schubert, Hot Topics in Insurance: From Plaintiff s & Defendant s Perspective, Tex. Deceptive Trade Practices Act (1997) 7

8 Mark L. Kincaid, Insurance Update, Univ. of Tex., 21st Annual Page Keeton Products Liab. & Personal Injury Law Conf. (1997) Mark L. Kincaid, Insurance Law Update, Univ. of Tex., 9th Annual Conf. on the Tex. Deceptive Trade Practices Act (1997) Mark L. Kincaid, Recent Developments in Insurance Law, State Bar of Tex., 10th Adv. DTPA/Consumer/Ins. Law Course (1997) Mark L. Kincaid, Annual Survey of Insurance Law, 1 J. Tex. Consumer L. 6 (1997) Mark L. Kincaid, Nuts & Bolts of an Insurance Case, Univ. Tex., 8th Annual Conf. on the Tex. Deceptive Trade Practices Act 14 (1996) Tim R. Labadie & Mark L. Kincaid, Insurance Update, Univ. Tex., 20th Annual Page Keeton Products Liab. & Personal Injury Law Conf. 4 (1996) Mark L. Kincaid, DTPA & Insurance Code Submission A Guided Tour of Recent Developments Affecting the Court s Charge, State Bar of Tex., 9th Adv. DTPA/Consumer/Ins. Law Course L (1996) Mark L. Kincaid, Unfair Insurance Practices The Law Under Vail, Watson & the 1995 Amendments, State Bar of Tex., 8th Adv. DTPA/Consumer/Ins. Law Course U (1995) (reprinted in State Bar of Tex., Comprehensive Consumer Law Course O (1995), Univ. Tex. 7th Annual Conf. on the Tex. Deceptive Trade Practices Act 12 (1995), State Bar of Tex.- Consumer Law Sec., 5th Annual Ultimate Ins. Sem. 9 (1996), and S. Tex. College of Law, 9th Adv. Personal Injury Law Conf., O (1996)) Mark L. Kincaid, Mental Anguish Damages in Insurance Cases, State Bar of Tex.-Consumer Law Sec., 4th Annual Ultimate Ins. Sem. 13 (1995) Mark L. Kincaid, Preparation & Trial of an Insurance Case the Interrelationship Between the Insurance Code, DTPA, & Common Law, State Bar of Tex.-Consumer Law Sec., Comprehensive Consumer Law Course (1994) Mark L. Kincaid, Spotting Unfair Insurance Practices, Univ. Tex., 5th Annual DTPA Conf. 13 (1993) Mark L. Kincaid, Recent Developments Insurance & Bad Faith, State Bar of Tex., 6th Adv. DTPA/Ins./Consumer Law Course Q (1993) Mark L. Kincaid, Preparation & Trial of an Insurance Code Case the Interrelationship Between the Insurance Code & the Deceptive Trade Practices Act, Univ. Tex., 4th Annual DTPA Conf. 13 (1992) Mark L. Kincaid, Rules of Judicial Construction Making & Arguing the Law in Deceptive Trade Practices Act Cases, 23 Tex. Tech L. Rev. 687 (1992) (originally published in State Bar of Tex., 4th Annual Adv. DTPA/Consumer Law Course, Q-1 (1991) (Award of Special Merit for Outstanding Achievement in Continuing Legal Education, College of the State Bar of Texas, 1992) Mark L. Kincaid, Attorneys Fees & Court Costs in Consumer Cases, State Bar of Tex., 5th Annual Adv. DTPA/Consumer Law Course L-1 (1992) 8

9 Mark L. Kincaid, Discovering the Insurer s Files A Practical Guide to Insurance Discovery, State Bar of Tex.-Consumer Law Sec., Ultimate Ins. Sem. L-1 (1992) Mark L. Kincaid & Joe Chumlea, Anatomy of An Unfair Insurance Practices Suit Plaintiff s Perspective, State Bar of Tex., Practice Skills Course I (1991) Mark L. Kincaid, The Problem of Lack of DTPA Notice, 16 Caveat Vendor 33 (1991) Philip K. Maxwell & Mark L. Kincaid, Insurance Litigation: Common Law Remedies, Tex. Tech 3rd Annual El Paso DTPA Inst. (1990) Mark L. Kincaid, Actionable Conduct Under Insurance Board Regulations, State Bar of Tex., 3rd Annual Adv. DTPA/Consumer Law Course, S-1 (1990) Philip K. Maxwell & Mark L. Kincaid, Vicarious Liability of Insurers for Acts of Agents, 15 Caveat Vendor 1 (1990) Mark L. Kincaid, Recognizing an Implied Warranty that Professional Services Will Be Performed In A Good & Workmanlike Manner, 21 St. Mary s L.J. 685 (1990) Mark L. Kincaid, End of the Line for Bad Faith Insurance Practices: Vail v. Texas Farm Bureau Mutual Insurance Co., 52 Tex. B. J (1989) (also published in 8 Advocate 11 (1989), and 7 Tex. Consumer L. Rep. 206 (1988)) Philip K. Maxwell & Mark L. Kincaid, Statutory & Common Law Remedies for Denial of Insurance Claims, in Univ. Tex., DTPA: From the Basics to Bad Faith Litig. Conf. (1989) Joe K. Longley & Mark L. Kincaid, Plaintiff s Strategies, Univ. Tex., DTPA: From the Basics to Bad Faith Litig. Conf. (1989) Mark L. Kincaid, ERISA Federal Preemption of Claims Under Common Law, Tex. Ins. Code Art , and the Deceptive Trade Practices Act, State Bar of Tex., 2nd Annual Adv. DTPA/Consumer Law Course O-1 (1989) Mark L. Kincaid & Longley, Discovery in Bad Faith Cases Plaintiff s Perspective, State Bar of Tex., Inst. The Tort of Bad Faith: Commercial, Ins., & Beyond (1989) Joe K. Longley & Mark L. Kincaid, Discovery & Sanctions for Discovery Abuse, State Bar of Tex., Practice Skills Course Business & Consumer Litig. (1988) Joe K. Longley & Mark L. Kincaid, Litigation Under the Deceptive Trade Practices Consumer Protection Act & Article of the Texas Insurance Code, in 8th Biennial Inst. on Tex. Law for Military Attorneys (1988) Joe K. Longley & Mark L. Kincaid, Discovery & Sanctions for Discovery Abuse, 18 St. Mary s L.J. 163 (1986) (also published in State Bar of Tex., Consumer Law & Debtor/Creditor Issues (1986), and Reynaldo G. Garza School of Law Inst. for Cont. Legal Ed. Practical Applications of the Tex. Deceptive Trade Practices Act (1985)) Mark L. Kincaid, The Equal Access to Justice Act: Attorneys Fees When the Position of the United States is Not Substantially Justified, 3 Rev. Litig. 415 (1983) OTHER Sam Kinch, Jr. & Susan B. Brewer, Crapshoot Justice: Politics, Money, and the Texas Judiciary (Eakin Press 2003) 9

10 Julie Bassett, What To Do With the Insurance Company that Plays Hardball, 1 Ins. Settlements J. 3 (1990) (interview) CONTINUING LEGAL EDUCATION SPEECHES July 9-11, 2014: Insurance Update Critical Issues for PI Cases, State Bar of Texas, 30th Annual Advanced Personal Injury Law Course (2014) April 24-25, 2014: The Jury Charge in Insurance Cases, State Bar of Texas, Advanced Insurance Law Course (2014) April 10, 2014: The Review of Litigation CLE Training - Being a trial lawyer in a mediation world, The University of Texas School of Law (2014) November 7-8, 2013: How to Plead Your Claims and Defenses Based on the New Jury Charges, The University of Texas School of Law, 18th Annual Insurance Law Institute (2013) August 22-23, 2013: Appellate Tips for Trial Lawyers, State Bar of Texas, Advanced Consumer & Commerical Law Course (2013) November 29-30, 2012: Jury Charge and Charge Conference The In s and Out s of How to Submit Jury Questions, State Bar of Texas, Anatomy of Fiduciary Litigation (2012) October 18-19, 2012: Choice of Law: How It Impacts Coverage and Surrounding Litigation, The University of Texas School of Law, 17th Annual Insurance Law Institute (2012) October 14, 2012: Proving Mental Anguish, 35th Annual Advanced Civil Trial Course (2012) January 19-20, 2012: The Jury Charge in Insurance Cases: The PJC and Beyond, South Texas College of Law CLE, 16th Annual Texas Insurance Law Symposium (2012) August 22, 2012: Proving Mental Anguish, 35th Annual Advanced Civil Trial Course (2012) August 16-17, 2012: Insurance Law Update/Trends, State Bar of Texas CLE, Advanced Consumer & Commercial Law Course (2012) July 25-31, 2012: Proving Mental Anguish, 35th Annual Advanced Civil Trial Course (2012) January 20-21, 2011: Extra-Contractual Update: The Year in Review; 15th Annual Texas Insurance Law Symposium; South Texas College of Law (2011) October 12, 2011: Nuts and Bolts of a First Party Insurance Suit; 2011 Fundamentals of Insurance Program: A Guide to the Claims Process for Commercial Litigators, Business Lawyers, Brokers and New Coverage Counsel; Univ. of Tex. School of Law (2011) September 14, 2011: First Party Insurance Update; Advanced Personal Injury Law Course 2011; State Bar of Texas (2011) 10

11 July 6-8, 2011: First Party Insurance Update; Advanced Personal Injury Law Course 2011; State Bar of Texas (2011) June 30, 2011: Barratry in Texas Always a crime; now a cause of action!, State Bar of Texas, Podcast (2011) January 20-21, 2011, Houston: Extra-Contractual Update: The Year in Review, South Texas College of Law, 15th Annual Texas Insurance Law Symposium (2011) April 8-9, 2010, Dallas: Responding to a Denial Insured s Strategies, Insurance Law Section of the State Bar of Texas 7th Annual Advanced Insurance Law Course (2010) July 29-30, 2010, Dallas: Nuts and Bolts of a First Party Insurance Suit; Preparing and Making A Claim: Insured s Strategies; Fundamentals of Insurance Program: A Guide to the Claims Process for Commercial Litigators, Business Lawyers, Brokers and New Coverage Counsel; The University of Texas School of Law (2010) July 29-31, 2009, San Antonio: Insurance Litigation, Including Bad Faith and Extra Contractual Damages, State Bar of Texas, 32nd Annual Advanced Civil Trial Law Course (2009) July 20, 2009, Austin: Insurance Litigation, Including Bad Faith and Extra Contractual Damages, Austin Bar Association, Civil Litigation Section, Austin Bar Association (2009) May 1, 2009, Houston: How to Start and Manage a Successful Consumer Law Practice: Setting Up a Consumer Law Practice - Initial Thoughts, Center for Consumer Law, in cooperation with the Houston Bar Association Consumer & Commercial Law Section and the National Association of Consumer Advocates (2009) April 17, 2009, Austin: Agreed Judgments, Assignments, and Other Strategies for Making the Insurance Company Pay: A Discussion of State Farm v. Gandy and Evanston v. Atofina, Austin Bar Association, Bench Bar (2009) April 2, 2009, Dallas: Settlements, Assignments, and Agreements Between Plaintiffs and Insured Defendants: What Can and Can't Be Done The Insurance Law Section of the State Bar of Texas, 6th Annual Advanced Insurance Law Course October 30, 2008, Austin: The Down and Dirty of Insurance Claims Univ. of Tex. School of Law, 32nd Ann. Page Keeton Civil Litigation Conference March 27, 28, 2008, Dallas: Settlements, Assignments, and Agreements Between Plaintiffs and Insured Defendants: What Can and Can't Be Done The Insurance Law Section of the State Bar of Texas, 5th Annual Advanced Insurance Law Course March 5, 2008, Austin: The Importance of the Civil Justice System in Holding Corporate Wrongdoers Accountable and Protecting Consumers, Texas Trial Lawyers Ass n, Univ. of Texas Law Student Chapter 11

12 January 25, 2008, Houston: The Jury Charge in First Party Insurance Cases, State Bar of Texas, 12th Annual Texas Insurance Law Symposium November 28, 2007, Austin: Jury Charge in Business/Consumer & Insurance Cases including Defamation and Employment, State Bar or Texas (webcast) November 28, 2007, Austin: Insurance Issues for Trial Lawyers, Texas Trial Lawyers Ass n Commercial Litigation Seminar October 10, 2007, Austin: The Jury Charge in First Party Insurance Cases, Insurance Law Section of the State Bar of Texas and The University of Texas School of Law, 12th Annual Insurance Law Institute May 4, 2007, Austin: Nuts & Bolts of A First Party Insurance Suit, Austin Bar Association, Bankruptcy Section, Austin Bankruptcy Law Presentation (2007) December 8, 2006, Austin: A Practical Guide to Expert Witnesses In Insurance Cases, Sate Bar of Tex., 11th Annual Insurance Law Institute October 13, 2006, Dallas: Insurance Issues for Trial Lawyers Texas Trial Lawyers Association, Commercial Litigation Seminar (2006) May 25, 2006, Dallas: Insurance Roundtable, Texas Lawyer May 19, 2006, Austin: Opening Statement Plaintiff s Perspective, Austin Bar Association, Austin s Ultimate Trial Notebook March 30, 2006, Dallas: The Stowers Standard the Reasonable Carrier Standard and the Other Oxymorons, State Bar of Tex., Insurance Law Sec., 3rd Ann. Advanced Insurance Law Course January 20, 2006, Austin: Insurance Issues Every Trial Lawyer Needs to Know, State Bar of Texas, Annual Survey of Texas Insurance Law December 8, 2005, Austin: Agents, Agency, and Vicarious Liability, Univ. of Texas, 10th Annual Insurance Law Institute March 31, 2005, Dallas: How to Plead the Case for Coverage What it is and What it Should Be, State Bar of Tex. 2nd Ann. Advanced Insurance Law Course February 25, 2005, Austin: Opening Statement Plaintiff s Perspective, Austin Bar Association, Austin s Ultimate Trial Notebook Seminar February 9, 2005, San Antonio: Insurance Law Update, SABA Consumer Law Section Seminar January 15, 2005, San Antonio: Insurance Law Update, State Bar of Tex. 21st Ann. Litig. Update Inst. November 12, 2004, Dallas: Nuts and Bolts of a First Party Insurance Suit, State Bar of Tex., Consumer Law Sec., Consumer Law: Doing Well by Doing Good November 11, 2004, Houston: Gandy What Practitioners Would Really Like to Tell the Supreme Court About This Decision, Its Reasoning and Its Future, Univ. Texas, 9th Annual Law Inst. June 11, 2004, Dallas: Motion for Summary Judgment, State Bar of Tex.-Insurance Law Sec., Insurance, Litigation and You: The Impact of Insurance in Litigation 12

13 March 25, 2004, Dallas: Getting the Case Settled: The Insurer s and Insured s Roles in Settling the Underlying Suit (Moderator), State Bar of Tex. 1st Ann. Advanced Insurance Law Course January 10, 2004, Austin: Insurance Litigation Update, State Bar of Tex. 20th Ann. Litig. Update Inst. October 17, 2003, San Antonio: The Impact of HB 4 on the Court s Charge to the Jury, Univ. of Tex., Law Practice After HB4: What Every Practitioner Needs to Know August 22, 2003, Austin: The Impact of HB 4 on the Court s Charge to the Jury, Univ. of Tex., Law Practice After HB4: What Every Practitioner Needs to Know January 11, 2003: Annual Survey of Insurance Law, State Bar of Tex. 19th Ann. Litig. Update Inst. October 4, 2002: Insurance Issues for the Personal Injury Lawyer, Univ. Tex., 26th Annual Page Keeton Products Liab. & Personal Injury Conf. September 5, 2002: Extracontractual Liability of Third Party Carriers, Univ. Texas, 7th Annual Insurance Law Inst. September 28, 2001: Deceptive Trade Practices Act Overview, Volunteer Legal Serv. of Central Tex., Consumer Law & Landlord/Tenant Law Seminar March 30, 2001: New and Important Cases: The Best of the Rest, State Bar of Tex., Ultimate Ins. Sem. February 24, 2001: Consumer Law, Univ. Tex. People s Law School January 19, 2001: Insurance Litigation Update, State Bar of Tex., 17th Annual Litig. Update Inst. May 26, 2000: Article of the Texas Insurance Code, State Bar of Tex., Adv. Comm l & Consumer Law Course March 30, 2000: Prompt Payment of Claims Article of the Texas Insurance Code, State Bar of Tex.-Consumer Law Sec. 9th Annual Ultimate Ins. Sem. May 26, 1999: Insurance Law Update, State Bar of Tex. 8th Annual Ultimate Ins. Sem. January 15, 1999: Insurance Litigation, State Bar of Tex. 15th Annual Litig. Update Inst. December 18, 1998: Consumer, Fiduciary Duties, & the New Pattern Jury Charge, Univ. Tex. 10th Annual Conf. on the Tex. Deceptive Trade Practices Act October 29 & 30, 1998: Annual Survey of Texas Insurance Law, Univ. Tex. 22nd Page Keeton Products Liab. & Personal Injury Conf. May 21, 1998: Fiduciary Duty, State Bar of Tex. 11th Annual Adv. DTPA/Consumer/Ins. Law Course March 27, 1998: Insurance Law Update, State Bar of Tex. 7th Annual Ultimate Ins. Seminar October 9 & 10, 1997: Bad Faith Litigation in a Post-Gandy World: Where Does the Plaintiff Pitch His Tent?, Univ. Tex. 2nd Annual Ins. Law Inst. May 29, 1997, San Antonio: Insurance Update, State Bar of Tex. 10th Adv. DTPA/Consumer/Ins. Law Course 13

14 March 14, 1997, Houston: Gandy v. State Farm Round Table, State Bar of Tex. Consumer Law Sec., 6th Annual Ultimate Ins. Sem. February 28, 1997, Dallas: Gandy v. State Farm Round Table, State Bar of Tex. Consumer Law Sec., 6th Annual Ultimate Ins. Sem. February 18, 1997, Austin: Hot Tips in Recent Insurance Developments, Capital Area Trial Lawyers Ass n January 10, 1997, Austin: Insurance Code Update, Travis Co. Bar Ass n, Consumer Law Sem. December 12 & 13, 1996, San Antonio: Nuts & Bolts of an Insurance Code Case, Univ. Tex., 8th Annual Conf. on the Tex. Deceptive Trade Practices Act October 10, 1996, Austin: Insurance Update, Univ. Tex., 20th Annual Page Keeton Products Liab. & Personal Injury Law Conf. August 8, 1996, Dallas: DTPA, State Bar of Tex., 12th Adv. Personal Injury Law Course (paper by David Bragg) July 19, 1996, Houston: DTPA Issues: Practical Applications from the Litigator s Perspective, State Bar of Tex., Adv. Real Estate Law Course (paper by Deborah Bullion) July 12, 1996, Austin: DTPA, State Bar of Tex., 12th Adv. Personal Injury Law Course (paper by David Bragg) May 30, 1996: DTPA & Insurance Code Submission A Guided Tour of Recent Developments Affecting the Court s Charge, State Bar of Tex., 9th Adv. DTPA/Consumer/Ins. Law Course May 17, 1996, Houston: Vail, Watson, & the 1995 Amendments to Article 21.21, S. Tex. College of Law, 9th Annual Adv. Personal Injury Law Conf. March 8, 1996, Houston: Vail, Watson, & the 1995 Amendments to Article 21.21, State Bar of Tex.-Consumer Law Sec., 5th Annual Ultimate Ins. Sem. March 1, 1996, Dallas: Vail, Watson, & the 1995 Amendments to Article 21.21, State Bar of Tex.-Consumer Law Sec., 5th Annual Ultimate Ins. Sem. January 19, 1996, Austin: Insurance Update, State Bar of Tex., 12th Annual Litig. Update Inst. December 8, 1995, San Antonio: Remedies for Unfair Insurance Practices Before & After 1995, Univ. Tex., 7th Annual Conf. on the Tex. Deceptive Trade Practice Act September 2, 1995, Dallas: Unfair Insurance Practices the Law Under Vail, Watson & the 1995 Amendments, State Bar of Tex., Comprehensive Consumer Law Course August 4, 1995, Houston: DTPA & Insurance Code, Tex. Trial Lawyers Ass n, Legislative Update July 28, 1995, Dallas: DTPA & Insurance Code, Tex. Trial Lawyers Ass n, Legislative Update June 8, 1995, San Antonio: DTPA & the Insurance Code How the Legislature Affected Future Consumer & Bad Faith Claims, San Antonio Trial Lawyers Ass n May 28, 1995, Austin: The Insurance Industry & the Texas Legislature, ACLU-Central Tex. Chapter, Annual Meeting 14

15 May 25, 1995, San Antonio: Unfair Insurance Practices the Law Under Vail, Watson & the 1995 Amendments, State Bar of Tex., 8th Adv. DTPA/Consumer/Ins. Law Course April 7, 1995, Houston: Insurance Bad Faith & DTPA Update, Tex. Trial Lawyers Ass n, Adv. Personal Injury Sem. February 17 & 24, 1995, Houston & Dallas: Mental Anguish Damages in Insurance Cases, State Bar of Tex.-Consumer Law Sec., 4th Annual Ultimate Ins. Sem. August 27, 1994, Houston: Preparation & Trial of an Insurance Case the Interrelationship Between the Insurance Code, DTPA, & Common Law, State Bar of Tex.-Consumer Law Sec., Comprehensive Consumer Law Course May 26, 1994, San Antonio: Discovery Update, State Bar of Tex., 7th Annual Adv. DTPA/Ins./Consumer Law Course (paper by David Keltner) May 20, 1994, El Paso: Deceptive Trade Practices Act Overview, Tex. Trial Lawyers Ass n, Multiple Causes of Action Sem. (paper by Michael Curry) December 3, 1993, Houston: Spotting Unfair Insurance Practices, Univ. Tex., 5th Annual DTPA Conf. June 15, 1993, Austin: Extension of Bad Faith to Non-Insureds & Recent Developments Under Article of the Insurance Code & the Texas Deceptive Trade Practices Act, Lorman Educ. Serv., Recent Dev. in Ins. Law May 28, 1993, San Antonio: Recent Developments Insurance & Bad Faith, State Bar of Tex., 6th Annual Adv. DTPA/Ins./Consumer Law Course February 26, 1993, Dallas: State Bar of Tex.-Consumer Law Sec., 2nd Annual Ultimate Ins. Sem. (Course Director/Moderator) December 4, 1992, San Antonio: Preparation & Trial of an Insurance Code Case the Interrelationship Between the Insurance Code & the Deceptive Trade Practices Act, Univ. Tex., 4th Annual DTPA Conf. September 28, 1992, Dallas: The Continuing Vitality of the Deceptive Trade Practices Act: An Update, State Bar of Tex., Texas Torts in the 90 s Sem. (paper by Michael Curry) May 21, 1992, Austin: Attorneys Fees & Court Costs in Consumer Cases, State Bar of Tex., 5th Annual Adv. DTPA/Consumer Law Course (Course Director) April 28, 1992, Austin: Appellate Advocacy Appellee s Perspective, Austin Inns of Court March 26, 1992, San Antonio: Statutory Causes of Action, San Antonio Bar Ass n, Insurance Litig. Prog. February 28, 1992, Dallas: Discovering the Insurer s Files A Practical Guide to Insurance Discovery, State Bar of Tex.-Consumer Law Sec., Ultimate Ins. Sem. December , San Antonio: Minefields in the Notice Letter, Univ. Tex., 3rd Annual DTPA Conf. (1991) (paper by David Bragg) November, 22, 1991, Houston: Anatomy of An Unfair Insurance Practices Suit Plaintiff s Perspective, State Bar of Tex., Practice Skills Course-Business & Consumer Litig. 15

16 May 11, 1991, San Antonio: Rules of Judicial Construction Making & Arguing the Law in Deceptive Trade Practices Act Cases, State Bar of Tex., 4th Annual Adv. DTPA/Consumer Law Course April 5, 1991, Dallas: Discovery & Sanctions for Discovery Abuse, State Bar of Tex., Practice Skills Course-Business & Consumer Litig. November 30, 1990, Houston: Discovery & Sanctions for Discovery Abuse, State Bar of Tex., Practice Skills Course-Business & Consumer Litig. May 5, 1990, San Antonio: Actionable Conduct Under Insurance Board Regulations, State Bar of Tex., 3rd Annual Adv. DTPA/Consumer Law Course March 9, 1990, San Antonio: Recognizing an Implied Warranty that Professional Services Will Be Performed in a Good & Workmanlike Manner, St. Mary s Law J. 2nd Annual Conf. on Consumer Protection & the Tex. Deceptive Trade Practices Act March 2, 1990, Austin: Deceptive Trade Practices Act Update, State Bar of Tex., Intellectual Property Law-1990 (paper by Philip K. Maxwell) March 2, 1990, Dallas: Multiple Litigation Theories in the Arm s-length Transaction Context, S. Tex. College of Law, 3rd Annual Adv. Business Litig. Ins. Inst. (paper by Joseph Chumlea) September 8, 1989, San Antonio: Article Insurance Code Litigation, State Bar of Tex., Practice Skills Course-Business & Consumer Litig. September 8, 1989, San Antonio: Discovery & Sanctions for Discovery Abuse, State Bar of Tex., Practice Skills Course-Business & Consumer Litig. May 27, 1989, San Antonio: ERISA Federal Preemption of Claims Under Common Law, Tex. Ins. Code Art , & the Deceptive Trade Practices Act, State Bar of Tex., 2nd Annual Adv. DTPA/Consumer Law Course April 19, 1989, Fort Worth: Discovery in Bad Faith Cases Plaintiff s Perspective, State Bar of Tex., Inst. The Tort of Bad Faith: Commercial, Ins., & Beyond April 6, 1989, Dallas: Discovery in Bad Faith Cases Plaintiff s Perspective, State Bar of Tex., Inst. The Tort of Bad Faith: Commercial, Ins., & Beyond March 30, 1989, Amarillo: Discovery in Bad Faith Cases Plaintiff s Perspective, State Bar of Tex., Inst. The Tort of Bad Faith: Commercial, Ins., & Beyond March 21, 1989, Austin: Article Insurance Code Litigation, State Bar of Tex., Practice Skills Course-Business & Consumer Litig. October 12, 1988, Fort Worth: Discovery & Sanctions for Discovery Abuse, State Bar of Tex., Practice Skills Course-Business & Consumer Litig. April 21, 1988, San Antonio: Litigation Under the Deceptive Trade Practices Consumer Protection Act & Article of the Texas Insurance Code, 8th Biennial Inst. on Tex. Law for Military Attorneys March 10, 1988, Houston: Discovery & Sanctions for Discovery Abuse, State Bar of Tex., Practice Skills Course Bus. & Consumer Litig. 16

17 November 4, 1987, San Antonio: Insurance Litigation: Including Article & the Duty of Good Faith & Fair Dealing, State Bar of Tex., 1987 Deceptive Trade Practices Inst. October 29, 1987, McAllen: Insurance Litigation: Including Article 21.21, Duty of Good Faith & Fair Dealing, State Bar of Tex., 1987 Deceptive Trade Practices Inst. November 8, 1985, South Padre Island: Sanctions for Refusal of Discovery, Reynaldo G. Garza School of Law Inst. for Cont. Legal Ed., Seminar on Practical Applications of the Tex. Deceptive Trade Practices Act REPORTED APPELLATE DECISIONS Supreme Court of Texas Rocor Int l, Inc. v. National Union Insurance Co., 77 S.W.3d 253 (Tex. 2002) Beaston v. State Farm Life Insurance Co., 907 S.W.2d 430 (Tex. 1995) Spencer v. Eagle Star Insurance Co., 860 S.W.2d 868 (Tex. 1993) Cathey v. Metropolitan Life Insurance Co., 805 S.W.2d 387 (Tex. 1991) Vail v. Texas Farm Bureau Mutual Insurance Co., 754 S.W.2d 129 (Tex. 1988) Melody Home Mfg. Co. v. Barnes, 741 S.W.2d 349 (Tex. 1987) Chitsey v. National Lloyds Insurance Co., 738 S.W.2d 641 (Tex. 1987) Aetna Casualty & Surety Co. v. Marshall, 724 S.W.2d 770 (Tex. 1987) Mayo v. John Hancock Mutual Life Insurance Co., 711 S.W.2d 5 (Tex. 1986) International Armament Corp. v. King, 686 S.W.2d 595 (Tex. 1985) McKinley v. Drozd, 685 S.W.2d 7 (Tex. 1985) Hurst v. Sears, Roebuck & Co., 647 S.W.2d 249 (Tex. 1983) Texas Courts of Appeals Service Corp. Int l v. Guerra, 348 S.W.3d 239 (Tex. App. Corpus Christi 2009), rev d, 348 S.W.3d 221 (Tex. 2011). Robert Trotter Gift Fund v. Trinity Universal Ins. Co., No CV, 2007 WL (Tex. App. Austin, Sept. 13, 2007, pet. denied) Cater v. United Services Automobile Ass n, 27 S.W.3d 81 (Tex. App. San Antonio 2000, pet. denied) Wallis v. United Services Automobile Ass n, 2 S.W.3d 300 (Tex. App. San Antonio 1999, pet. denied) Rocor Int l, Inc. v. National Union Insurance Co., 995 S.W.2d 804 (Tex. App. San Antonio 1999) (en banc), rev d, 77 S.W.3d 253 (Tex. 2002) Bailey v. City of Austin, 972 S.W.2d180 (Tex. App. Austin 1998, pet. denied) 17

18 National Ass n of Independent Insurers v. Texas Dept. of Insurance, 888 S.W.2d 198 (Tex. App. Austin 1994), rev d, 925 S.W.2d 667 (Tex. 1996) McKnight v. Riddle & Brown, 877 S.W.2d 59 (Tex. App. Tyler 1994, writ denied) State Farm Fire & Casualty Insurance Co. v. Gros, 818 S.W.2d 904 (Tex. App. Austin 1991, no writ) Canales v. National Union Fire Insurance Co., 763 S.W.2d 20 (Tex. App. Corpus Christi 1988, writ denied) Underwriters Life Insurance Co. v. Cobb, 746 S.W.2d 810 (Tex. App. Corpus Christi 1988, no writ) Medical Protective Co. v. Glanz, 721 S.W.2d 382 (Tex. App. Corpus Christi 1986, no writ) National Surety Corp. v. Dominguez, 715 S.W.2d 67 (Tex. App. Corpus Christi 1986, orig. proc. [leave denied]) State Farm Fire & Casualty Co. v. Taylor, 706 S.W.2d 352 (Tex. App. Fort Worth 1986, writ ref d n.r.e.) Fifth Circuit Court of Appeals Assurity Life Ins. Co. v. Grogan, 480 F.3d 743 (5th Cir. 2007) Total Plan Services, Inc. v. Texas Retailers Ass n, Inc., 925 F.2d 142 (5th Cir. 1991) Cathey v. Dow Chemical Co. Medical Care Program, 907 F.2d 554 (5th Cir. 1990) Presidio Enters., Inc. v. Warner Bros. Distr. Corp., 784 F.2d 674 (5th Cir. 1986) Muzyka v. Remington Arms Co., 774 F.2d 1309 (5th Cir. 1985) 18