Schubert Evans Law Firm - David Schubert

David Schubert

AREAS OF EMPHASIS

Professional Liability Litigation
Serious Personal Injury Defense
Insurance Coverage Litigation
Bad Faith Litigation
Attorney Malpractice Defense
Accountant Malpractice Defense
Class Action Defense
Insurance Regulation
Complex Litigation
Construction Litigation

MEMBERSHIPS & AFFILIATIONS

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
Licensed to practice in all Texas state and federal courts, as well as the United States Fifth and Eleventh Circuits Court of Appeals
Licensed to pratice in the Supreme Court of the United States
Lectures and speaks extensively on insurance and related litigation matters for a wide variety of conferences and organizations

EDUCATION

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

RECOGNITIONS

AV Rated by Martindale-Hubbell

PRESENTATIONS AND PUBLICATIONS

October 15-16, 2009 - University of Texas Law School 14th Annual Insurance Law Institute, speech entitled "Declaratory Judgments: Planning the Party"
October 23, 2008 - University of Texas Law School 13th Annual Insurance Law Institute, speech entitled "Unconditional Love - Policy Conditions and Covenants"
March 27, 2008 - State Bar of Texas 5th Annual Advanced Insurance Law Course, speech entitled "Certificates of Insurance"
October 10, 2007 - University of Texas Law School 12th Annual Insurance Law Institute, speech entitled "Certificates of Insurance - So You Have One - Now What?"
December 8, 2006 - University of Texas Law School 11th Annual Insurance Law Institute, speech entitled "Certificates of Insurance - So You Have One - Now What?"
March 30, 2006 - State Bar of Texas 3rd Annual Insurance Law Course, speech entitled "Statutory Claims - Who Needs a Legislature?"
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 Adjusters 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 and Coverage” (Dallas)

NOTEWORTHY MATTERS
Represented and provided counsel to policyholders and insurers on issues involving:

Premises Liability Defense
Negligent Security Defense
Accountant/Lawyer Liability Defense
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, Georgia, and Louisiana
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

February 1999 – 8th Annual Ultimate Insurance Seminar, speech entitled “Defense View of Mental Anguish” (Dallas; Houston)
February 1997 – 6th 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 8th Annual Advanced DTPA/Insurance/Consumer Law Course”, speech entitled “Good Faith and Fair Dealing” (San Antonio)
October 1994 – South Texas College of Law 3rd 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 2nd Annual Advanced Insurance Bad Faith Litigation Seminar, speech entitled "The Use of the DTPA in Insurance Litigation” (Houston)
May 1993 – State Bar of Texas 6th Annual Advanced DTPA/Insurance/Consumer Law Course, speech entitled “Discovery in DTPA in Insurance Cases From Defendants' Perspective” (San Antonio)
February 1993 – State Bar of Texas 2nd 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 4th 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

EXPERT TESTIMONY

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/estoppel issues due to lack of any reservation of rights letter)