J. Ken Woodard

Partner
Experience

Mr. Woodard is an experienced trial lawyer with many years of trial experience relating to insurance and business matters.  Beginning as a 2nd Year Law Clerk, Mr. Woodard was intricately involved in the litigation docket of premises liability, trucking and automobile accidents, negligence, gas and pipeline explosions, subrogation, insurance coverage and bad faith disputes.  As a young associate, Mr. Woodard demonstrated his proficiency and was primarily involved in several large scale litigation cases with complex issues involving contractual interpretation, indemnity, additional insured, coverage, insurance policy interpretation, bad faith and liability of gas plants and pipelines.  
    
Throughout his career, Mr. Woodard has relied upon his past employment as a Landman to develop and work litigation in the oil and gas sector.  He has handled various defense dockets throughout his career, including multi- and single-party gas explosions, general insurance defense, trucking for national OTR companies, claims related to maritime/oil rigs, and contractual interpretation and indemnity issues.  Mr. Woodard’s subrogation and plaintiff background includes refinery failures, turbine failures, and warehouse and building fires.

Mr. Woodard’s broad and varied trial practice has served his insurance clients well.  He has developed an active docket representing domestic and foreign insurance carriers providing representation in the claims process, coverage opinions, filing and defending coverage litigation, and defending first party claims on breach of contract, Insurance Code violations, and bad faith and deceptive trade practices claims in both state and federal court.

A signature achievement in Mr. Woodard’s career was his involvement in a complex subrogation case, and the subsequent appeal, following a marine incident.  Mr. Woodard’s client sought coverage on a manuscript London policy as an additional insured based on contractual obligations contrary to standard interpretation.  The trial resulted in $3.8M jury verdict, which was then upheld on appeal to the Fifth Federal Circuit, and resulted in a recovery of $6.2M for Mr. Woodard’s client. 

Representative Cases

C.A. NO. H-97-0131; Ins. Co. of  N. Am., et al v. Aberdeen Ins. Svcs., Inc., et al.  Subrogation case contending a contractor was an additional insured for contractual obligations to the DOE to repair pipeline damages caused by sub.  Case involved policy and contract interpretation, premium financing agreements and governmental regulations.  Handled 95+% until trial.  Co-chaired 8-day trial.  Jury awarded $3.8M. Court granted JNOV.  Fifth Circuit reinstated the verdict.  Maitland Bros. Co. v. Aberdeen, et al, 253 F.3d 878 (5th Cir. 2001).  Recovered $6.2M.
   
Cause No. 2000-32398; Mary Lucas,et al  v. Entex a/k/.a Reliant Energy; 269th District Court; Harris County.  All witnesses initially stated Reliant driver ran a red light.  Investigation revealed different conclusion.  Defense verdict plus recovered on counterclaim of $7,000 in damages. 

Cause No. 1999-49463; National Freight, Inc. v. City of Houston; 55th Judicial District Court; Harris County.  A subrogation case following a traffic accident.  National Freight recovered over $40,000.

Cause No. CL192-98; Sunray Corp v. Clyde Wells; County Court at Law; Moore County, Texas.  A subrogation case following a fire after installation of a gas heater.  Carrier destroyed the heater - spoliation of evidence issue.  Against recommendation, case tried.  Result: defense verdict 

Cause No. 98-40000; Adam Lindsay and Patricia Lindsay v. Unity Houston Corporation, et al; 234th District Court; Harris County, Texas.  A case involving the invalidation of deeds of trust and deeds based on fraudulent transfer cause of action.  The deeds were invalidated.

Cause No. 2001-09598; Archield v. Park Lane II Apartments, et al; In the 61st District Court of Harris County, Texas.  Rape Case at Apartment Complex.  Prepared case for trial, and second chaired trial with partner.  Approximate 5-day trial.  Defense verdict.

Cause No. 99-35467; Wellner v. Reliant Energy, et al; In the 151st District Court of Harris County Texas.  Gas explosion at home, injured homeowner, damaged house.  Prepared case for trial and second chaired 6-day trial.  Defense verdict.  

Cause No. 2003-02436; James v. Nat’l Freight, Inc.; 133rd Disrict Court of Harris County, Texas. Truck driver notified dispatcher he was sick.  No immediate response.  Found deceased.  Claimed negligence. Prepared case and co-chaired 5-day trial.  Defense verdict. 

Cause No. 810,464; Matsushima v. Best Buy, Co. Inc., County Court at Law No. 1 of Harris County.  A purchaser of a television, an attorney, made DTPA.  Demanded new television plus attorney fees.  1-day trial.  Found no misrepresentations, but failure to reimburse account.  Damages $100.00. 

Cause No. 2005-34919; Underwriters at Lloyds, et al v. Edmond, Deaton & Stephens Ins. Agency; in the 165th District Court of Harris County, Texas.  Agent made material misrepresentations on application.  Sought payments made under policy following fire.  5-day trial. Defense verdict.  On appeal.

Education

J.D., South Texas College of Law, 1994

B.B.A., University of Texas, 1984

Jurisdictions Admitted to Practice

Texas, 1994
U.S. Court of Appeals, 5th Circuit
U.S. District Court Southern District of Texas

Professional & Bar Association Memberships

State Bar of Texas

Houston Bar Association

Texas Association of Defense Counsel