Three Galleria Tower 13155 Noel Road
Suite 1025 Dallas, TX 75240
(972) 991-6700
(972) 991-6710 FAX
Insurance Coverage
Coverage
Opinions and Coverage Litigation For more than a decade David Pruessner has worked in the field of
insurance coverage, including issuing opinion letters and handling
insurance coverage litigation. His clients
have included Cigna, Amerisure, Hartford, and other insurers. To a lesser extent, he has represented various
insureds (including Benihana’s Restaurants and Family Dollar Stores) in their
disputes with insurance companies regarding the scope of insurance
coverage. On a case-by-case basis he has
assisted counsel for claimants with respect to whether their claims
will ultimately be covered by a defendant’s liability insurance.
David has authored numerous articles in
the field of insurance coverage, including articles published by
International Risk Management Institute, a major publisher of insurance
treatises. His articles include Mold
Claims: Fact, Fiction, and Coverage, THE
RISK REPORT
(International Risk
Management Institute) Vol. XXIV, No. 8 (2002) and Sharing The
Blame: When Can A Defendant Force Others To Share Liability? THE RISK REPORT (International Risk Management Institute)
Vol.XXII, No. 3 (1999). He
is a Senior Technical Adviser for IRMI’s treatise Personal Risk
Management and Insurance. He is
approved by the Texas Department of Insurance to teach continuing
education courses for insurance professionals. These
courses include presentations on Reinsurance, Claims Handling,
Uninsured Motorist Coverage, and “Sex, Violence, and Insurance
Coverage,” which addresses liability insurance coverage for employers
sued after their employees have engaged in acts of sexual harassment or
violence.
His work on
insurance disputes has covered a wide variety of topics, including the
following:
Representation before the Texas Supreme Court and Fifth Circuit Court of Appeals in the major case on whether Texas public policy precludes liability insurance from covering punitive damages: Fairfield Insurance v. Stephens Martin Paving, 246 S.W.3d 653 (Tex. 2007). See Texas Lawyer Article. Fox Electric I, Ltd. v. Amerisure Insurance Company, 252 Fed. Appx. 579 (5th Cir. 2007)
(liability insurance and construction defects). Michigan Mutual Ins. Co. v. Alliance Const., Inc., 2005 W.L. 2297505 (S.D. Tex. 2005)
(liability insurance and construction defects). Representation of Benihana’s (a major restaurant
corporation) with respect to a dispute over a “By-Law Endorsement”
(often referred to as “code upgrade endorsement”) as it applied to
rebuilding a restaurant after a fire. Representation
of an insurer in a coverage dispute regarding a series of CGL policies
with respect to a $15 million judgment for against a mortuary school.This case produced a written opinion from a
bankruptcy court that ultimately adjudicated coverage issues as the
central aspect of the bankruptcy.See In
re Pierce Mortuary Colleges, Inc., 212 B.R. 549
(Bkrtcy.N.D.Tex.1997). Representation
of insurers with respect to fraudulent statements made in applications
for insurance coverage and rescission of policies. Representation
of a major Swiss insurer in a coverage dispute with a policyholder
under a manuscript casualty policy for lost profits incurred at several
factories as a result of floods. Representation of insurers in multiple
disputes involving Additional Insured Endorsements to CGL policies. Representation of insurers with respect to
bus accidents involving multiple fatalities and coverage disputes over
whether liability policies purchased by various entities cover the
liabilities of the drivers of the buses. Representation of an insurer in coverage
litigation with the Reverend Barry Bailey regarding homeowners’
insurance coverage (under Personal Injury “invasion of privacy” coverage) for claims brought by women parishioners who alleged sexual
harassment by the Reverend Bailey. Representation of insurers in litigation
between various insurance companies regarding the duties owed by “excess” insurance carriers in liability suits. Representation
of a workers’ compensation insurer regarding its relationship with five
other insurers (different policy years) for toxic exposure injuries and
deaths which spanned a fifteen year period. Representation
of an insurer in a declaratory judgment action on choice-of-law issues
regarding the interpretation of a Texas homeowners’ policy where the
damages occurred in an accidental shooting in another state. Representation
of the Association of Fire & Casualty Companies in Texas in filing
Amicus Curiae briefs before the Texas Supreme Court. Issuing numerous insurance coverage opinions on
many aspects of liability insurance policies, including questions
regarding CGL Policies, Completed Operations, Construction Defects,
Umbrella Policies, Vendors’ Endorsements, Economic Damages (as
distinguished from property damage), Employment Practices Exclusions,
Policy Periods (“first distinct manifestation” issues), Commercial Auto
Policies, Bobtail Insurance, Trucker’s Endorsements, Mandatory
Endorsements, Separation Of Insureds provisions (regarding claims for
negligently failing to prevent intentional acts by other insureds), and
questions on whether policies provide primary or excess coverage.
Representation before the Texas Supreme Court and Fifth Circuit Court of Appeals in the major case on whether Texas public policy precludes liability insurance from covering punitive damages: Fairfield Insurance v. Stephens Martin Paving, 246 S.W.3d 653 (Tex. 2007).