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People often ask me: “What kind of law do you practice?”

Great question. I handle civil litigation. What does that mean? The best way to explain it is to give you a few examples of the cases I am currently handling.

-I represent a small business owner in a lawsuit involving the breach of a Distributor Agreement. The case is in Federal Court against a foreign corporation;

Most commercial insurance policies require a proof of loss when there is a disagreement over the amount of the loss. The Policy usually reads:

Action Against Us

No one may bring an action against us in any way related to the existence or amount of coverage , or the amount of loss for which coverage is sought unless:

One issue I frequently encounter is a commercial property insurance policy that has the wrong named insured. This usually causes a few minutes of sheer panic followed by the relief that Texas jurisprudence does allow for common sense remedies. That’s because even when the “wrong party” is listed as the insured the courts will look beyond that designation if the party listed has an “insurable interest” in the insured property.

An ownership interest is different from an “insurable interest.” Texas courts have long recognized this important distinction and given wide latitude to the term “insurable interest.” The seminal case in this area is Jones v Tex. Pac. Indem. Co., 853 S.W.2d 791 (Tex. App. – Dallas, no writ).

But the most interesting and expansive opinion on the matter is Dana O’Quinn v. General Star Indemnity Co., a case out of the United States District Court for the Eastern District of Texas. That case was about a fire loss which occurred at a nightclub called Alibi’s, the most perfectly named property for an overly suspicious insurance carrier.  Alibi’s  was founded by Brian O’Quinn, who was also President and Director of Cahoots Entertainment, Inc., which owned the business and entered into a lease with the owner of the premises.

The hail storms last spring in Dallas, Fort Worth, Wylie, Richardson, Plano, Rockwall, Garland, Rowlett, Allen, Mesquite and Lewisville have brought to light a little known endorsement in many Texas property insurance policies – the cosmetic endorsement.

The endorsement usually reads: