David Schubert

AREAS OF EMPHASIS

• Insurance Coverage Disputes
• Bad Faith Litigation
• Professional liability defense
• Attorney Defense
• Accountant Defense
• Class Actions
• Insurance Regulation
• Complex Litigation

• Member, International Association of Defense Counsel
• Member, Defense Research Institute
• Member, American Bar Association, State Bar of Texas (Litigation and Insurance Law sections), Dallas Bar Association, Dallas Association of Young Lawyers
• Licensed to practice in all Texas state and federal courts, as well as the United States Fifth and Eleventh Circuits Court of Appeals
• Lectures and speaks extensively on insurance and related litigation matters for a wide variety of conferences and organizations

• November 11, 2004 – University of Texas Law School 9th Annual Insurance Law Institute speech entitled “Declaratory Judgments – The Fallacies of Griffin and More”
• November 13, 2003 – University of Texas Law School 8th Annual Insurance Law Institute speech entitled “Extracontractual Update”
• November 2003 – Texas Independent Insurance Adjustors Association, speech entitled “Class Actions and Insurance Law”
• July 2002 – Suing and Defending Governmental Entities 2002 speech entitled Self-Insuring the Government:  Bad Faith Claims “The Money Pit”
• September 2001 – University of Texas Law School 6th Annual Insurance Law Institute panel discussion entitled “Reservation of Rights Letters in Texas”.
• August 2000 – University of Texas Law School 5th Annual Insurance Law Institute speech entitled “Forum Fights and Choice of Law” (San Antonio)
• February 2000 – 9th Annual Ultimate Insurance Seminar speech entitled “Apportionment of Defense Costs Need Coverage” (Dallas)
• February 1999 – 8th Annual Ultimate Insurance Seminar speech entitled “Defense View of Mental Anguish” (Dallas; Houston)
• February 1997 – Sixth Annual Ultimate Insurance Seminar speech entitled “Texas Case Law Regarding Whether ‘Mental Anguish’ Claims Trigger The Bodily Injury” Coverage of an Insurance Policy, with Particular  Focus on Trinity v. Cowan (Dallas)
• November 1996 – Texas Independent Insurance Adjusters Association. Seminar “Recent Developments in Automobile Insurance Coverage and Vehicular Accident Law”, speech entitled “Auto Insurance Coverage & Vehicular Accident Law” (Dallas)
• May 1995 - State Bar of Texas “Eighth Annual Advanced DTPA/Insurance/Consumer Law Course”, speech entitled “Good Faith and Fair Dealing” (San Antonio)
• October 1994 – South Texas College of Law Third Annual “Advanced Issues in Insurance ‘Bad Faith’ Litigation” Seminar, Speech entitled “Avoiding the ‘Bad Faith’ Trap-Defense Perspective”
• October 1993 – South Texas College of Law Second Annual “Advanced Insurance Bad Faith Litigation Seminar”, speech entitled
• The Use of the “DTPA in Insurance Litigation” (Houston)
• May 1993 – State Bar of Texas “Sixth Annual Advanced DTPA/Insurance/Consumer Law Course”, speech entitled “Discovery in DTPA in Insurance Cases From Defendants Prospective” (San Antonio)
• February 1993 – State Bar of Texas Second Annual Ultimate Insurance Seminar, speech entitled “Insurers Duty of Good Faith and Fair Dealing: Is There a Bona Fide Dispute Defense?” (Dallas)
• December 1992 – University of Texas “Fourth Annual DTPA Conference”, speech entitled “Insurers Duty of Good Faith and Fair Dealing: Is There a Bona Fide Dispute Defense?” (San Antonio)
• August 20, 1992 – Radio interview on KRLD (AM) regarding insurance fraud in America
• July 1992 – Article entitled “Discovery Pierces Privilege in Coverage and Bad Faith Actions”, Volume 59, No. 3 Defense Counsel Journal

• duty to defend issues under liability policies
• insurance coverage disputes
• construction defect coverage disputes
• declaratory judgment litigation
• litigation involving multi-million dollar consent
• judgments following denial of defense
• suits involving alleged improper claim handling
• coverage opinions
• oversight and coordination of investigation of suspected fraudulent claims
• life and health insurance litigation
• National counsel to several insurers in multi-district class action lawsuits.
• Represented target insurer defendant in coverage lawsuit following $150 million verdict against the Catholic Diocese of Dallas in priest sexual assault case.
• Admitted pro hac vice as lead trial counsel for clients in California, Florida, Pennsylvania, Michigan, Arizona, Missouri, Illinois, Kentucky, Alabama, New York, New Jersey, Tennessee, and Georgia.
• Lead counsel for one of several insurer groups in defeating class certification of an alleged national class action lawsuit under RICO seeking in excess of $1 billion in damages.
• Lead counsel for one of several target insurer defendants in defeating class certification of an alleged statewide unfair discrimination case.
• Selected as third-party neutral arbitrator for arbitration panel in construction coverage dispute.
• Served as retained expert witness in several litigated matters.

• Scottsdale Ins. Co. v. Nucor Corp., Citadel Security Corp. and Maurice Yezak; Case No. W-02-CA-278; In the United
• States District Court of the Western District of Texas, Waco Division (Additional Insured/Indemnity issues)
• Virginia E. Swicegood as Executrix of the Estate of William R. Swicegood, Jr., M.D. and Marti T. Dean v. The Medical Protective Co.; Civil Action No. 3-95CV0335-D; U.S. District Court, Northern District of Texas, Dallas Division (waiver/estoppell issues due to lack of any reservation of rights letter)

• Baylor University  (J.D., summa cum laude 1986)
• Abilene Christian University  (B.B.A., 1984)

• AV Rated by Martindale  Hubbell