St. Paul Fire and Marine Insurance Company v. Black Star Energy Services, LLC,
Jul 12, 2017OUTCOME: Judgment for our client
Summary judgment in US District Court for St. Paul in a dispute over retrospectively adjusted premiums
Austin, TX
Litigation Lawyer at Austin, TX
Practice Areas: Litigation
OUTCOME: Judgment for our client
Summary judgment in US District Court for St. Paul in a dispute over retrospectively adjusted premiums
OUTCOME: Judgment for our client
Skelton & Woody was hired by Liberty Mutual in this subrogation case to appeal an adverse decision in trial court in a multi-million dollar dispute arising out of a fire caused by a welder's spark that ... destroyed an apartment complex. The welder's policy had been canceled by a premium finance company, but the its notice of cancellation was defective. After Skelton & Woody prevailed in the Austin Court of Appeals, obtaining a reversal, the premium finance company hired Vinson & Elkins to pursue a petition for review in the Texas Supreme Court. The Court granted the petition and Hamp Skelton argued the case to the full court in December 2016. The Texas Supreme Court rejected the premium finance company's "substantial compliance" argument and affirmed the good results obtained in the court of appeals.
OUTCOME: Judgment for our client
The Texas Supreme Court reversed the Tenth Court of Appeals’ opinion that unfairly penalized State Farm for not choosing and apportioning among three competing claimants to the same $500,000 life insur ... ance proceeds. The unanimous opinion vindicated our client's decision to file an interpleader action, paying the policy proceeds into the registry of the court, in the face of conflicting claims by the deceased's daughter, former wife (whose divorce decree made her “irrevocable beneficiary”) and widow whom the deceased had attempted to designate as sole beneficiary. The opinion clarified how the Texas prompt payment statute (the former Tex. Ins. Code Art. 21.55) applies when insurers who face rival claims for the same benefits interplead the funds.