Scot G. Doyen

Ali Ekhlassi vs. National Lloyds Insurance Company, 926 F.3d 130 (5^th Cir. 2019), cert.denied, 140 S.Ct. 857 (2020).  Successfully defended a Write Your Own (WYO) carrier, which had issued a policy pursuant to the National Flood Insurance Program and obtained dismissal due to suit being filed in federal court (by removal) after the one-year limitations period.  The Fifth Circuit addressed the issue of whether 42 U.S.C. § 4072 (requiring flood-loss actions be filed in the United States District Court for the district in which the insured property is located and providing a one-year limitations period) was applicable not only to actions against the FEMA Administrator, but also to actions against Write-Your-Own carriers (i.e. private insurers which issue flood insurance policies [underwritten by the Government] in their own names as part of the National Flood Insurance Program), such as National Lloyds.  The court affirmed the district court dismissal and concluded that 42 U.S.C. § 4072 does apply to Write-Your-Own carriers, thereby creating a split between the Fifth and Sixth Circuits and the Seventh Circuit, which had previously held that § 4072 did not so apply.  The insured then petitioned for writ of certiorari from the Supreme Court of the United States, which was denied at 140 S. Ct. 857 (1/13/2020).

In re National Lloyds Insurance Company, 532 S.W.3d 794, 60 Tex. Sup. Ct. J. 1165 (Tex. June 9, 2017) (NO. 15-0591).  Successful mandamus of a discovery order from District Court in Hidalgo County, Texas (affirmed by the Corpus Christi Court of Appeals) compelling the production of the defendants’ attorney fee invoices and the answering of interrogatories related to topics such as attorney billing rates.  In granting mandamus, the Court noted, “… absent unusual circumstances, information about an opposing party’s attorney fees and expenses is, in the ordinary case, privileged or irrelevant and, thus, not discoverable.”

In re National Lloyds Insurance Company, 507 S.W.3d 219, 60 Tex. Sup. Ct. J. 60 (Tex. Oct. 28, 2016) (NO. 15-0452).  Successful mandamus of a discovery order from District Court in Hidalgo County, Texas (affirmed by the Corpus Christi Court of Appeals) compelling the production of management reports and emails encompassing claims that were not the subject of the consolidated MDL suits then pending before the trial court.  In granting mandamus, the Court relied upon its earlier holding in In re National Lloyds Insurance Company, 449 S.W.3d 486, 58 Tex. Sup. Ct. J. 64 (Tex. Oct 31, 2014) (NO. 13-0761) and conditionally granted the requested relief.

In re National Lloyds Insurance Company, 449 S.W.3d 486, 58 Tex. Sup. Ct. J. 64 (Tex. Oct 31, 2014) (NO. 13-0761).  Successful mandamus of a discovery order from County Court at Law in Dallas County, Texas (affirmed by the Dallas Court of Appeals) compelling residential property insurance carrier to produce claim files from unrelated claims.  In granting mandamus, the Court noted, “… we fail to see how National Lloyds’ overpayment, under payment, or proper payment of the claims of unrelated third parties is probative of its conduct with respect to Erving’s undervaluation claims at issue in this case.”

Saraw Partnership, et al vs. The United States of America, et al, 67 F.3d 567 (5th Cir. 1995). In a case of first impression in the Fifth Circuit, reversed and remanded a dismissal of plaintiff’s causes of action brought against the United States Veterans Administration for negligent misrepresentation.

Terry Davenport vs. Fire Insurance Exchange, 14^th District Court, Dallas County, Texas, Cause No. DC-15-10268.  Successfully represented property insurance carrier sued for denial of a foundation claim.  Retained one month before trial, which was held in January 2019, and in which the jury found no breach of contract and no bad faith. 

Sandra Rickett vs. Aegis Security Insurance Company, in the Superior Court for the County of Gordon, State of Georgia, Civil Action No. 16CV65849.  Successfully represented residential property insurance carrier sued for denial of a theft claim.  Retained 5 weeks before trial, which was held in June 2018, and in which the jury found no breach of contract and no bad faith.

Mahmoud Abdalla vs. Farmers Insurance Exchange, 48^th District Court, Tarrant County, Texas, transferred from Cause No. 017-269661-13, tried in the 17^th District Court, Tarrant County, Texas.  Successfully represented commercial property insurance carrier sued following hailstorm.  The suit pertained to a 70,000+ square foot modified bitumen roof.  The jury found no breach of contract and no bad faith. 

Mahmoud Abdalla vs. Farmers Insurance Exchange, No. 07-17-00020-CV, 2018 WL 2220269, 2018 Tex.App.LEXIS 3358 (Tex.App. – Amarillo May 14, 2018, no pet.h.).  Successfully represented commercial property insurance carrier sued following a water discharge claim.  The claim was resolved by an appraisal award, which was timely paid.  The trial court granted summary judgment, which was affirmed on appeal.

Andrea Amaro and Martin Amaro vs. National Lloyds Insurance Company, et al, 206^th District Court, Hidalgo County, Texas, transferred from Cause No. C-0304-13-H.  Successfully represented residential property insurance carrier sued following March 2012 hailstorm.  The jury found no breach of contract and no bad faith.

Finis Fleming vs. “Kroger”, and Kroger Texas, L.P., et al, 334^th District Court, Harris County, Texas, Cause No. 2011-59377.  Successfully represented premises liability defendant sued for slip and fall in grocery store.  Plaintiff claimed actual knowledge of problems with leaking refrigerated units and medical in excess of $250,000.  The jury found no negligence.

John Davis d/b/a J.D. House of Style vs. National Lloyds Insurance Company; 11^th District Court, Harris County, Texas, transferred from Cause No. 2010-58199, tried in the 281^st District Court, Harris County, Texas.  Successfully represented residential property insurance carrier sued following Hurricane Ike.  Following an adverse jury verdict, the Court granted Defendant’s Motion for JNOV, which was affirmed on appeal in an opinion published at 484 S.W.3d 459 (Tex.App. – Houston [1^st Dist.] 2015, pet.denied).

Preston Thibodeaux vs. National Lloyds Insurance Company, et al, 11^th District Court, Harris County, Texas, transferred from Cause No. D-185-838, Jefferson County, Texas, tried in the 136^th District Court, Jefferson County, Texas.  Successfully represented residential property insurance carrier sued following Hurricane Ike.  The jury found no breach of contract or bad faith.

In re Broad, 370 S.W.3d 797 (Tex. App. – Dallas 2012, orig. proceeding).  Successful mandamus of a denial by the trial court to designate a responsible third party in a premises liability case. 

Russell Hudeck vs. Memorial Hermann Hospital System, 127^th District Court, Harris County, Texas, Cause No. 2003-29849. Successfully represented local hospital sued for alleged medical negligence relating to the development and progression of a decubitus ulcer, which eventually measured six inches in diameter. The jury found no negligence on the part of the hospital, which was the sole defendant at trial.

Michael & Sharon Gordon vs. Little Rock Assemblies of God Church, South Texas District Counsel Assemblies of God, et al, 172^nd District Court, Jefferson County, Texas, Cause No. E-162,269. Premise liability sexual assault case against an Assemblies of God Church whose youth pastor pleaded guilty to two counts of sexual assault and was sentenced to the penitentiary. Successfully represented Little Rock Assemblies of God Church and obtained summary judgment dismissal of all claims against the church on the eve of trial. The trial later resulted in a multi-million dollar judgment against defendant, South Texas District Counsel Assemblies of God, which was represented by other counsel.

NMTC Corp. d/b/a MATCO Tools vs. Conarroe, 88^th District Court, Hardin County, Texas, Cause No. 42,567. Successfully represented defendant in covenant not to compete case in which plaintiff sought enforcement of covenant not to compete, as well as injunctive relief. The judgment, which was in defendant’s favor, was later upheld on appeal in an opinion published at 99 S.W.3d 865 (Tex. App. – Beaumont 2003, no writ).

Budget Properties, LP vs. Beaumont Metropolitan Properties, Inc., 60^th District Court; Jefferson County, Texas, Cause No. B-166151. Wrongful foreclosure case where plaintiff sued for deficiency on a foreclosed note and defendant counterclaimed for $1.2 million in damages caused by wrongful foreclosure. Successfully represented plaintiff in obtaining a judgment for the deficiency amount, attorney’s fees, and a finding of no liability on the wrongful foreclosure counterclaim.

Louisiana Gas Development Corp. and Aspect Resources, LLC vs. Shine & Johnston, Inc. and J. Gilbert Johnston, 172^nd District Court; Jefferson County, Texas, Cause No. E-162088. Successfully represented a registered professional land surveyor in a case involving alleged professional negligence. It was alleged that the client’s staff mis-staked plaintiffs’ oil and gas well approximately 592 feet from its intended location. Plaintiffs claimed to have discovered the mistake after having drilled to over 8,000 feet of depth and having incurred millions in claimed damages. The Court granted summary judgment in favor of the plaintiffs on negligence. However, a careful analysis of the seismic data developed demonstrated the benefits to the plaintiffs of the fortuitous well placement and the case was resolved for a confidential amount very favorable to the client.

Patrick Butcher vs. Diane Butcher, 279^th District Court, Jefferson County, Texas, Cause No. F-136,121. Successfully represented husband in equitable bill of review brought seven years after rendition of judgment. The court found fraud in the prior rendition of the divorce and custody orders, vacated its prior orders, determined that the law of Trinidad applied, and recognized the divorce and custody orders granted in Trinidad as prevailing.