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Texas Insurance Coverage Litigation: The Litigator's Practice Guide

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Amy Elizabeth Stewart


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Texas Insurance Coverage Litigation is a practice guide for Texas litigators who are handling insurance coverage lawsuits or who are confronted with insurance questions in a litigation context. It includes legal analysis, practical tips, forms, and annotations specific to Texas and Fifth Circuit practice.


Part I considers third-party liability insurance and focuses on the coverage and features of these types of policies: commercial general liability, professional liability, directors and officers liability, employment practice, fiduciary liability, cyber and privacy liability, and excess and umbrella.


Part II is an overview of key concepts that apply to insurance coverage lawsuits governed by Texas law, including the rules of construction and the obligations of both the insurer and the insured.


Part III examines all aspects of an insurance coverage lawsuit, including pre-litigation matters, pleadings and discovery, trial considerations, and post-trial proceedings.


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  • Availability: Available
  • Brand: Texas Lawyer
  • Product Type: Books
  • ISBN: 978-1-62881-126-1
  • Pub#/SKU#: TXINS17
  • Pub Date: 11/24/2016

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  • Amy Elizabeth Stewart
Amy Elizabeth Stewart is the founder and managing principal of Amy Stewart Law, a boutique law firm in Dallas that assists businesses in recovering insurance policy benefits payments and in other disputes with their insurers.

Amy’s enthusiasm for insurance can only be described as infectious. For most people, insurance is a necessary evil – a buffer against a rising tide of risk. For Amy, the insurance disputes that inevitably arise present an opportunity to position clients for success against insurance companies.

Amy represents policyholders at every step of the insurance process: from buying and renewing coverage to filing claims and handling disputes against insurers when they won’t pay. Although many policies are filled with complex insurance terminology seemingly designed to confuse and obscure, Amy is fluent in insurance-speak. She provides clients with plain-English translations and ensures they understand every each material nuance of their policies.

Having spent many years representing insurance companies, Amy has unique insight that makes her an invaluable resource for clients facing an insurance dispute or negotiating a new policy. A tenacious advocate, Amy has achieved outstanding results for clients in complicated, high-stakes cases through diligent preparation and a meticulous attention to detail.

The firm represents a wide range of corporate policyholders, from Fortune 100 corporations and large privately-held companies to family-owned businesses, colleges, and professional services firms in Texas and across the country.

A Virginia native and graduate of the University of Virginia School of Law, Amy was named to the Texas Super Lawyers list of the Top 50 Women Lawyers in Texas and holds an AV rating by Martindale-Hubbell. In 2013, she was elected to the American College of Coverage and Extracontractual Counsel. Amy has also been included on D Magazine’s list of the Best Lawyers in Dallas and the Dallas Business Journal’s 2011 list of the Top 25 Women in Business. Amy is actively involved as a sustaining member of Attorneys Serving the Community, a Dallas legal philanthropic organization, and was selected in 2015 to participate in Leadership Dallas, the Dallas Regional Chamber’s flagship leadership development program, aimed at providing the city with an ongoing source of diverse leaders who are prepared and committed to serve as catalysts and sustainers of positive change for the quality of life in the greater Dallas area.


Part I Liability Insurance Policies

Chapter 1: Navigating the Insurance Policy

Chapter 2: Commercial General Liability

Chapter 3: Professional Liability: Errors & Omissions

Chapter 4: Directors & Officers Liability

Chapter 5: Employment Practices Liability

Chapter 6: Fiduciary Liability

Chapter 7: Cyber and Privacy Liability

Chapter 8: Excess and Umbrella Policies

Part II TEXAS INSURANCE LAW—KEY CONCEPTS

Chapter 9: The Ground Rules—Construction of Insurance Contracts

Chapter 10: The Insured’s Obligations in Event of a Claim

Chapter 11: The Insurer’s Obligations in Event of a Claim

Part III The Insurance Coverage Lawsuit

Chapter 12: Pre-Litigation Considerations

Chapter 13: The Lawsuit—Procedural Considerations

Chapter 14: The Pleadings—Petition & Answer

Chapter 15: Litigation Planning

Chapter 16: Fact Discovery

Chapter 17: Alternative Dispute Resolution

Chapter 18: Pretrial Considerations

Chapter 19: Jury Selection &Trial

Chapter 20: Appellate Issues

Appendix A: Glossary

Appendix B: Texas Insurance Code, Chapters 541 and 542

Appendix C: Forms