Mark L. Kincaid, PARTNER Practice Areas Include: Insurance Litigation Commercial and Business Litigation Financial Fraud Litigation Securities Litigation Fiduciary Litigation Professional Malpractice Litigation Legal Malpractice Litigation Construction Litigation Phone: 512.495.1400 Mark Kincaid has extensive experience representing individuals and businesses in insurance disputes and in a broad array of civil litigation. Mark 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, title, excess, and reinsurance. Mark successfully argued the landmark Texas cases establishing the rights 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). Mark represents clients as a trial lawyer, appellate advocate, expert, advisor, and negotiator in cases involving individuals, class actions, and mass torts. He also advises other lawyers representing clients with insurance issues. Mark represents plaintiffs in malpractice and breach of fiduciary duty suits against lawyers and other professionals. Mark also represents clients in fraud, securities, and business litigation. Mark is board-certified by the Texas Board of Legal Specialization in Civil Trial Law, Consumer & Business Law, and Civil Appellate Law.
In 1994, Mark was appointed by Governor Ann Richards to head the Texas Office of Public Insurance Counsel, a state agency that advocated for insurance consumers, where he served before returning to private practice. Mark teaches Insurance Litigation as an Adjunct Professor at The University of Texas School of Law. He also co-authors West's Texas Practice Guide: Insurance Litigation. Mark's colleagues have given him an AV Preeminent (5.0) rating in the Martindale-Hubbell Law Directory, the highest rating for competence and ethics. (AV and AV Preeminent are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.) Mark has been selected for inclusion in Texas Super Lawyers each year from 2003-2015 and is recognized for Commercial Litigation and Insurance Law in The Best Lawyers in America in 2015. His primary practice areas are business and insurance litigation. EDUCATION Bachelor of Business Administration, with honors, University of Texas (1980) Juris Doctor, with honors, University of Texas School of Law (1983) PROFESSIONAL EXPERIENCE Partner, George Brothers Kincaid & Horton, LLP (2012-present) Partner, Kincaid & Horton, LLP (1997-2012) Adjunct Professor, University of Texas School of Law (Insurance Litigation) (1995- present) Founder, Law Office of Mark L. Kincaid (1991-1997) Public Counsel, Office of Public Insurance Counsel, State of Texas (1994-1995) (appointed by Gov. Ann Richards to head agency advocating for the interests of Texas insurance consumers) Longley & Maxwell (1984-1991) Editor, Texas Consumer Law Reporter (1985-1992) Briefing Attorney, Supreme Court of Texas, Justice Franklin S. Spears (1983-1984) BAR ADMISSIONS State Bar of Texas (1983) United States Supreme Court United States Court of Appeals, Fifth Circuit U.S. District Court, Northern District of Texas U.S. District Court, Eastern District of Texas U.S. District Court, Southern District of Texas U.S. District Court, Western District of Texas
AWARDS & CERTIFICATIONS Board Certified in Consumer & Commercial Law (1993), Civil Trial Law (1993), and Civil Appellate Law (1991), Texas Board of Legal Specialization Selected by Thomson Reuters for inclusion in Texas Super Lawyers (2003-2015) AV Preeminent (5.0) Peer Review Rating by Martindale.com (AV and AV Preeminent are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.) Selected for inclusion in Best Lawyers for Commercial Litigation and Insurance Law (2015) 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 State Bar of Texas Pattern Jury Charges Committee Business, Consumer, Insurance & Employment, Member (1995-2006; 2013-2015); Vice Chair (2006-2008); Chair (2009-2011); Advisory Member (2011-2013) Insurance Law Council, State Bar of Texas Insurance Law Section; Member (2014-) Texas Board of Legal Specialization, Consumer & Commercial Law Advisory Commission (2001-2006) Texas State Employees Union, CWA/AFL-CIO, Local 6186, Member (1995-present) Consumer Law Council, State Bar of Texas Consumer Law Section; Chair (1994-1995); Co-chair, Continuing Legal Education Committee (1992-1995); Member (1988-2002) Participating Attorney, Volunteer Legal Services of Central Texas Supreme Court of Texas Discovery Task Force (1991-1994) 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, and South Texas College of Law PUBLICATIONS & PRESENTATIONS Books Mark L. Kincaid & Christopher W. Martin, Texas Practice Guide: Insurance Litigation (West 2014) Co-author, Pattern Jury Charges, Business, Consumer, Insurance & Employment (State Bar of Texas 1996-2014)
Recent Articles & Papers Mark L. Kincaid, Practicing Consumer Law, Nuts & Bolts of a First Party Insurance Suit, The University of Houston Law Center (2014) 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, Suzette E. Selden & Elizabeth von Kreisler, Annual Survey of Texas Insurance Law, 17 J. Consumer & Comm l L. 50 (Spring 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, Suzette E. Selden & Elizabeth von Kreisler, Annual Survey of Texas Insurance Law, 16 J. Consumer & Comm l L. 58 (Spring 2013) Mark L. Kincaid, Jury Charge and Charge Conference The Ins and Outs 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, 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 & Elizabeth von Kreisler, 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) Mark L. Kincaid, Suzette E. Selden, & Elizabeth von Kreisler, Annual Survey of Texas Insurance Law, 14 J. Consumer & Comm l L. 59 (Spring 2011) Veronica Carmona Czuchna, Mark L. Kincaid & Elizabeth von Kreisler, Common-Law and Statutory "Bad Faith" A Survey of the Current State of the Law, 15th Annual Insurance Law Institute (October 2010) 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, 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, 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, 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, Suzette Selden & 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, University of Texas School of Law, 32nd Annual 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, Insurance Law Section of the State Bar of Texas, 5th Annual Advanced Insurance Law Course (2008) 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) Speeches Practicing Consumer Law, Nuts & Bolts of a First Party Insurance Suit, The University of Houston Law Center (October 3, 2014) Insurance Update Critical Issues for PI Cases, State Bar of Texas, 30th Annual Advanced Personal Injury Law Course (August 27-29, 2014) Insurance Update Critical Issues for PI Cases, State Bar of Texas, 30th Annual Advanced Personal Injury Law Course (July 9-11, 2014) The Jury Charge in Insurance Cases, State Bar of Texas, Advanced Insurance Law Course (April 24-25, 2014) Being a trial lawyer in a mediation world, Review of Litigation, The University of Texas School of Law (April 10, 2014) Jury Charge and Charge Conference The In s and Out s of How to Submit Jury Questions, State Bar of Texas, 8th Annual Fiduciary Litigation Course (December 5-6, 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 (November 7-8, 2013) Appellate Tips for Trial Lawyers, State Bar of Texas, Advanced Consumer & Commercial Law Course (August 22-23, 2013)
Jury Charge and Charge Conference The Ins and Outs of How to Submit Jury Questions, State Bar of Texas, Anatomy of Fiduciary Litigation (November 29-30, 2012) Choice of Law: How It Impacts Coverage and Surrounding Litigation, University of Texas School of Law, 17th Annual Insurance Law Institute (October 18-19, 2012) Proving Mental Anguish,35th Annual Advanced Civil Trial Course (October 14, 2012) The Jury Charge in Insurance Cases: The PJC and Beyond, South Texas College of Law CLE, 16th Annual Texas Insurance Law Symposium (January 19-20, 2012) Proving Mental Anguish,35th Annual Advanced Civil Trial Course (August 22, 2012) Insurance Law Update/Trends, State Bar of Texas CLE, Advanced Consumer & Commercial Law Course (August 16-17, 2012) Proving Mental Anguish,35th Annual Advanced Civil Trial Course (July 25-31, 2012) Extra-Contractual Update: The Year in Review, 15th Annual Texas Insurance Law Symposium, South Texas College of Law (January 20-21, 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, University of Texas School of Law (October 12, 2011) First Party Insurance Update, Advanced Personal Injury Law Course 2011, State Bar of Texas (September 14, 2011) First Party Insurance Update, Advanced Personal Injury Law Course 2011, State Bar of Texas (July 6-8, 2011) Barratry in Texas Always A Crime Now A Cause of Action!, State Bar of Texas, Podcast (June 30, 2011) Extra-Contractual Update: The Year in Review, South Texas College of Law, 15th Annual Texas Insurance Law Symposium (January 20-21, 2011, Houston) Responding to a Denial Insured s Strategies, Insurance Law Section of the State Bar of Texas 7th Annual Advanced Insurance Law Course (April 8-9, 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, University of Texas School of Law (July 29-30, 2010, Dallas) Insurance Litigation, Including Bad Faith and Extra Contractual Damages, State Bar of Texas, 32nd Annual Advanced Civil Trial Law Course (July 29-31, 2009, San Antonio) Insurance Litigation, Including Bad Faith and Extra Contractual Damages, Austin Bar Association, Civil Litigation Section, Austin Bar Association (July 20, 2009, Austin) 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 (May 1, 2009, Houston) 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 (April 17, 2009, Austin) Settlements, Assignments, and Agreements Between Plaintiffs and Insured Defendants: What Can and Can t Be Done, Insurance Law Section of the State Bar of Texas, 6th Annual Advanced Insurance Law Course (April 2, 2009, Dallas) The Down and Dirty of Insurance Claims, University of Texas School of Law, 32nd Annual Page Keeton Civil Litigation Conference (October 30, 2008, Austin)
Settlements, Assignments, and Agreements Between Plaintiffs and Insured Defendants: What Can and Can t Be Done, Insurance Law Section of the State Bar of Texas, 5th Annual Advanced Insurance Law Course (March 27, 28, 2008, Dallas) The Importance of the Civil Justice System in Holding Corporate Wrongdoers Accountable and Protecting Consumers, Texas Trial Lawyers Ass n, University of Texas Law Student Chapter (March 5, 2008, Austin) The Jury Charge in First Party Insurance Cases, State Bar of Texas, 12th Annual Texas Insurance Law Symposium (January 25, 2008, Houston) SIGNIFICANT CASES Supreme Court of Texas Service Corp. Int l v. Guerra, 348 S.W.3d 221 (Tex. 2011) 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. 03-05-00330-CV, 2007 WL 2682247 (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) National Ass n of Ind. 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)