Insurance Selected Representations

Led by longtime insurance coverage and Chambers-listed practitioners Randy Roach and Robert Cunningham, Roach Newton brings to the representation of its clients a unique depth and breadth of policyholder insurance coverage experience.

OIL & GAS

Engaged by major refinery owner to identify and pursue $300m claim against tower of Construction All Risk insurers for denial of caustic cracking loss under corrosion exclusion and to be law lawyers with big law firm throughout arbitration.

Engaged as coverage counsel for captive insurer protecting drilling contractor in successfully opposing operator’s attempt to obtain additional insured status under contractor’s entire tower of $750m insurance.

Engaged mid-trial as coverage and appellate counsel by large non-operating offshore platform owner asserting bad faith late for London insurer’s denial of hurricane damage claim, and as lead appellate counsel to protect successful $20m judgment under Supreme Court of Texas new Menchaca decision.

Engaged by major international oil company as lead appellate and coverage counsel 10 days before oral argument in $20m coverage appeal.

Engaged as lead coverage counsel by major American oil company for multiple fatalities at Texas refinery.

Engaged by a major oil company as their lead counsel in Texas Supreme Court in successful rehearing regarding additional insured coverage.

Engaged as lead appellate counsel in El Paso Court of Appeals and Texas Supreme Court to conclude 14-year-old coverage litigation against domestic oil company for equitable reimbursement asserted by insurers based on alleged misrepresentations in documentation of loss claims.

Engaged as coverage counsel regarding insurers’ denial of coverage for kidnappings and death of oil company personnel in Nigeria.

Engaged by captive insurer of major international oil company in subrogation litigation against drilling contractor’s insurer to apportion coverage for hurricane damage to offshore oil platform.

Engaged by multiple energy company amici on motion for rehearing to Texas Supreme Court regarding duty to cooperate with insurers under reservation of rights, and to circumscribe expansive interpretation of the standard CGL exclusion for liabilities assumed by contract.

Engaged as coverage counsel by major international oil company regarding applicability of pollution exclusion to workplace inhalation of toxic chemical.

Engaged by major international oil company as coverage counsel regarding multiple bodily injury / death lawsuits in Delaware involving chemical transport vehicle and complex multiple towers and layers for coverage.

Engaged by major international shipping company as coverage counsel regarding contamination of chemical product in the course of terminal tank farm operations.

Engaged as coverage and appellate counsel to pursue excess insurers for former equipment contractor exposure beyond primary policy limits.

Engaged as coverage counsel by owner of storm damaged stacked rig in dispute with insurers and achieve full limit recovery for wreck removal under P&L policy and Hull policy.

Engaged as coverage counsel by offshore oil and gas operator to assist in claim negotiations with London underwriters under Operators Extra Expense endorsements and other Energy Package coverages, involving storm loss to North Sea well.

Engaged as coverage counsel by co-owner of North Sea offshore oil and gas lease regarding business interruption claim under Energy Package insurance for damage to undersea equipment and flowline.

Engaged as coverage consultant by outside counsel for foreign oil & gas operator regarding helicopter crash in West Africa, under policy issued through quasi- governmental insurance facility.

Engaged as coverage consultant in recovering excess / umbrella coverage under Energy Package insurance for Hurricane Katrina offshore property damage.

Engaged as coverage counsel to assist trial lawyers for offshore drilling contractor in claim against London marine package underwriters for losses to offshore platform in Hurricane Katrina.

Engaged as coverage counsel assisting trial lawyers for offshore drilling contractor in claim against London underwriters under marine package policy for seizure of jack-up rig by Venezuela.

Engaged as coverage counsel assisting trial lawyers for claims under construction contractor’s policies for offshore drilling rig.

Engaged as coverage counsel assisting trial lawyers for lessee of port facility in litigation for defective construction of dock and terminal bulkhead.

Engaged as coverage counsel for owner of offshore drilling rig under P&I / Umbrella policies and under Hull policy.

Engaged as coverage counsel for distributor of wire rope to successfully demand upon excess insurer to settle litigation involving breakaway of offshore drilling rigs during hurricane.

Engaged as coverage counsel by owner of derrick barge regarding crane collapse.

Engaged as coverage counsel by yacht manufacturer regarding late reservation of rights on eve of mediation in litigation concerning allegedly defective construction.

Engaged as coverage counsel to advise to General Counsel of offshore drilling contractor regarding Directors & Officers coverage and coverage for potential claims.

CONSTRUCTION/PROPERTY

Engaged as lead counsel to bring coverage claims on behalf of international waste and recycling company for hurricane loss and business interruption involving multiple New Orleans operating properties, obtaining agreed settlement from multiple domestic and foreign insurers in multiple layers within one week of filing settlement.

Engaged as coverage counsel by primary construction engineer and construction company to evaluate coverage claims in $1 billion refinery explosion.

Engaged as coverage counsel by freight forwarder / warehousing bailee regarding fire loss, and reimbursement by London mutual club insurer.

Engaged mid-trial as coverage and appellate counsel by trial lawyers regarding tropical storm damage to apartment complex.

Engaged as coverage counsel to assist trial lawyers for senior living center damaged by fire during construction, in litigation against property insurer for damages and bad faith.

Engaged by multi-state childcare center company regarding windstorm and flood policies for property damage and business interruption arising from Hurricane Harvey.

Engaged as coverage counsel by golf club directors regarding coverage for golf course grounds damaged by Hurricane Harvey.

Engaged as coverage counsel by national home builder to assist defense counsel in obtaining insurer’s settlement of construction liability claims asserting gross negligence and punitive damages.

PRODUCTS

Engaged as Texas coverage counsel by international heavy equipment manufacturer to assist national coverage firm seeking $100m in claims against tower of insurers based on batch clause.

Lead coverage counsel to recover full limits of $100m policy to settle class action liability claims concerning medical implants.

Engaged as national coverage counsel seeking insurance proceeds for manufacturer of medical devices in bet the company class action products liability suit, ultimately obtaining full annual limit of coverage from insurer as part of overall resolution in federal multi district complex litigation.

Engaged as coordinating coverage counsel in connection with death of international oil company executive in commercial jet crash in Europe.

Engaged as coverage counsel to assist trial lawyers in private plane crash litigation regarding insurance under Aviation policies.

Engaged as coverage counsel to assist trial lawyers in claims arising from business aircraft crash involving multiple claimant / multiple defendant suit with multiple insurance policies.

Engaged as coverage counsel by owner of vintage WWII planes regarding property damage claim arising out of ground collision between two covered aircraft.

PUNITIVES

Engaged by major oil companies as lead appellate and coverage counsel in Texas Supreme Court regarding the insurability of punitive damages.

Engaged as national coverage counsel regarding claims for punitive damages arising out of a product line.

Engaged as coverage counsel by highway construction company to settle with excess insurer on potentially excluded punitive damages.

Retained in multiple cases as appellate counsel at trial and appeal to represent doctors against gross negligence claims subject to reservation of rights.

Engaged as coverage counsel by national home builder to assist defense counsel in obtaining insurer’s settlement of construction liability claims asserting gross negligence and punitive damages.

REIMBURSEMENT

Engaged as lead appellate counsel in an El Paso Court of Appeals to conclude 14-year-old coverage litigation against domestic oil company for equitable reimbursement asserted by insurers based on alleged misrepresentations in documentation of loss claims.

Engaged as coverage counsel mid-trial to defeat reimbursement claims against owner of offshore oil platform.

Authored cover story of Texas Bar Journal on impacts of reimbursement actions by insurers against insureds they had paid without any agreement to reimburse.

ENVIRONMENTAL/TOXIC TORTS

Engaged by international construction company as lead appellate and coverage counsel in Texas Supreme Court to present oral argument and post-argument briefing in $60m coverage dispute deciding scope of absolute pollution exclusion.

Engaged as lead coverage lawyer by national forest products company to bring and settle $100m coverage claim for dioxin contamination liability.

Engaged as lead coverage counsel by national forest products company to bring and settle $100m coverage claim for asbestos liability

Engaged as lead coverage counsel by Successor to legacy asbestos manufacturer for $300m claim of asbestos claim coverage.

Engaged as coverage counsel by Asian manufacturing company regarding insurers’ denial of environmental coverage claims.

Engaged as lead appellate and coverage counsel in Texas Supreme Court regarding claims for environmental coverage, settling case within 10 days of appearance.

Engaged as coverage counsel by successor company for asbestos claims coverage.

TRADE SECRET/DEFAMATION/ADVERTISING

Retained by international porcelain figure manufacturer and their national coverage law firm as lead counsel at trial and on appeal in federal claim for advertising injury coverage.

Engaged as lead coverage counsel by Asian steel manufacturer in $150m claim for coverage and continued defense on appeal for antitrust boycott liability predicated on defamatory statements.

Engaged as coverage counsel by tax accountancy partnership litigation with E&O insurer regarding claim settlement, and broker accountability.

TRUCKING/AUTO

Retained by international trash hauler and recycler as national coverage counsel in all cases where insurers had reserved the right to subsequently deny coverage.

Engaged as coverage counsel by national forest products company to investigate truck weighing facility regarding Crime Loss Policy.

Engaged as coverage counsel day before mediation to resolve coverage disputes among primary and excess insurers for both personal lines and commercial automobile lines of insurers, assisting in settlement of highway fatality involving trucking company.

Engaged as coverage counsel by large national trucking company regarding limits demand against entire tower of multiple insurers and layers in suit brought in East Texas.

PROFESSIONAL SERVICES

Engaged by large national law firm as coverage counsel for malpractice claim denied by insurers.

Engaged as coverage counsel by individual lawyer in litigation against Errors & Omissions insurers for denial of defense and coverage under policies issued to former law firm.

Retained in multiple cases as appellate counsel at trial and on appeal to represent doctors against gross negligence claims subject to reservation of rights.

TECHNOLOGY

Retained as coverage counsel by medical technology company to advise regarding insurers’ denial of D&O coverage and renewal underwriting.

DUTY TO DEFEND

Retained as lead appellate and coverage counsel in Texas Supreme Court to establish Texas as an eight corners state for determining insurers’ duty to defend.

Engaged as coverage counsel assisting trial lawyers in settlement negotiations with insurers in shaken baby death, after new Fifth Circuit decision regarding insurer’s duty to defend under general commercial