David J. Schubert presented a speech entitled “The Independent Injury Rule: Can Denied Policy Benefits Be Trebled as Damages under Texas Insurance Code Chapter 541?” The presentation explored whether the presence of an independent injury, beyond mere unpaid policy proceeds, is necessary for an insured to recover treble damages under the Texas Insurance Code.

Blake S. Evans presented a seminar entitled “Shifting Loss: Significant Issues Related to Contractual Indemnity, Additional Insureds and Certificates of Insurance” at the monthly meeting of the DFW Chapter of the Risk and Insurance Management Society in June 2011. Topics included a variety of risk transfer vehicles, including contractual indemnity provisions and analysis of additional insured issues.

David J. Schubert and Blake S. Evans presented an in-house continuing education program to approximately 100 claims professionals at the home office of a major property/casualty insurer. The program provided a comprehensive update on Texas law relating to coverage and extracontractual claims, including duty to defend, A/I coverage, contractual indemnity, first-party "bad faith," the "Stowers" doctrine, and Insurance Code liability under Chapters 541 and 542. It also included an up-to-the-minute summary of the bills currently under consideration by the Texas Legislature.

David J. Schubert presented a speech entitled "You Can't Handle The Truth" - Pleading and Duty to Defend. His speech focused on when extrinsic evidence is/is not admissible in the duty to defend under liability policies.

On behalf of a corporate policyholder client, Blake Evans and Steve Burnett prevailed in the Florida First District Court of Appeals in a proceeding challenging a discovery sanctions order favorable to our client. The trial court found that the opposing party's dilatory behavior in the discovery process warranted a waiver of all objections, privileges and an award of attorney's fees. In a per curium opinion, the appellate court upheld the sanctions order and summarily denied the opposing partys petition for review.

Blake Evans and David Schubert worked previously with Tom at former firms in the insurance coverage practice area. Tom brings 19 years of coverage and commercial litigation experience to Schubert & Evans, complementing and expanding our range of services. Tom received his B.B.A. in Finance from the University of Oklahoma in 1979, his M.S. in Management and Administrative Services from the University of Texas at Dallas in 1982, and his J.D. in 1991 from Southern Methodist University.

In December 2009, Schubert & Evans prevailed on behalf of a homebuilder policyholder client on a critical insurance indemnity issue under the standard general liability policy. D.R. Horton-Texas, Ltd. v. Markel Intl Ins. Co., Ltd., 300 S.W.3d 740 (Tex.2009). Blake Evans acted as co-counsel for the homebuilder and argued the case at the Texas Supreme Court on September 8, 2009.