Winstead’s insurance attorneys and consultants represent the spectrum of insurers, reinsurers, syndicates, trade associations, brokers, agents, and self-insurers in all facets of property, casualty, surplus lines, excess, life, accident and health, and title insurance issues. Our insurance clients include many of the most prominent insurers in the country, as well as smaller niche and mid-market carriers. Many of our cases and transactions have national impact. Our insurance attorneys and consultants focus their in-depth practices on the regulatory, investment, corporate, and claims/litigation arenas.
Our team includes two former Associate Commissioners of the Texas Department of Insurance, a former chief deputy for litigation and first assistant attorney general for the Office of the Texas Attorney General, a former Texas Assistant Attorney General, and a former regional counsel for a national insurance industry trade association. We have a successful and well regarded practice of representing clients in contested insurance enforcement matters, many of which involve the government seeking significant penalties and restitution. We have represented insurers, agents and other stakeholders in insolvency proceedings. Our attorneys also have extensive experience in working with regulators to secure necessary approvals for corporate transactions. We also advise clients in complying with investment and insurer corporate and financial regulations. We know the insurance industry and its regulators. And our experience and knowledge make the difference for Winstead clients.
Our insurance trial attorneys handle complex, high stakes litigation as well as multi-case dockets where efficiency predominates. We skillfully navigate insurers and adjusters through the murky waters of first party bad faith claims and professional liability, general liability, D&O, and homeowners coverage disputes. Our team has achieved an exemplary record of jury verdicts and judgments, including cases stemming from widespread catastrophes involving residential and habitational properties, office buildings, retail complexes, and refineries. Our trial attorneys also represent insurers in reinsurance disputes and enforcement matters. Our litigation team is strengthened by a powerhouse appellate group that includes board-certified appellate attorneys who have successfully obtained vital opinions on policy interpretation when defending or overturning judgments after trial.
Our investment attorneys understand that leading financial service institutions require specialized counsel more than ever before. Our attorneys know the myriad of laws, regulations and practical solutions related to portfolio lending, equity investing, alternative investments, life insurance regulations, investment advisory restrictions, and servicing. Our knowledge and experience must span every business cycle. Our attorneys anticipate the constant changes in the market, understand the regulatory overlay, and apply investment objectives and tools.
Our experience includes
- Rulemaking and court challenges to rules
- Industry client and trade association amicus briefs
- Ratemaking proceedings
- State premium and retaliatory tax matters
- Expert witness testimony on insurance issues
- Legislative strategies and drafting of legislation
- Market conduct and financial examinations and compliance audits
- Open Records briefing and appeals
- Section 1033 consents
- Civil Investigative Demands
- Coverage advice concerning policies covering residential and commercial property, builder’s risk, D&O, professional liability, fiduciary liability, and general liability
- Trials and appeals of coverage disputes as well as high-stakes bad faith cases, typically involving property damage and business interruption disputes
- Counseling insurers and independent adjusters through complex claims processing
- Examinations under oath of insureds and their representatives
Industry memberships include
- American Bar Association Tort Trial and Insurance Practice Section
- American College of Commercial Finance Lawyers
- American College of Investment Counsel
- American College of Mortgage Attorneys
- American College of Real Estate Lawyers
- Federation of Defense and Corporate Counsel
- Mortgage Bankers Association
- Texas Association of Life and Health Underwriters
- Texas Surplus Lines Association
- The Association of Finance Lawyers
- The Association of Life Insurance Counsel
- The Texas Land Title Association