UNANIMOUS JURY DETERMINES COX PLLC’S CLIENT TRUCK DRIVER NOT NEGLIGENT FOR COLLISION WITH SENIOR CITIZENS; COURT ASSESSES COSTS AGAINST PLAINTIFFS

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(Denton, Texas) – A unanimous 12-person jury in Denton County, Texas found that our clients, a national trucking company and their driver, were not negligent in an April 19, 2019 three-car accident on Interstate 35 North. Plaintiffs were seeking $1 million. The jury returned a verdict within 45 minutes, answering “No” on the separate negligence questions for each plaintiff, one, a 93-year-old World War II veteran, and the other, his 74-year-old caretaker. Tracy Freeman, Cox’s Houston office managing partner was lead counsel and he was assisted by Steven Shattuck (Of Counsel) and Dominique Johnson (Legal Assistant). The responding police officer ticketed our client driver for failure to control speed. Our client driver accepted responsibility for the accident. However, the jury, after hearing “the rest of the story” concluded they were not negligent. Cox PLLC will be filing a Final Judgment which will include, per the judge’s instructions, an assessment of court costs against Plaintiffs. This is a good reminder for existing and prospective clients that some cases must be tried. The courtroom is a battlefield. Cox PLLC has enduring courage to carry your banner into battle when you draw a line in the sand.

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MARJORIE NICOL CO-AUTHORS ARTICLE; HINOJOS V. STATE FARM LLOYDS: TWO PERSPECTIVES

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Marjorie Nicol, Partner, and co-author Jason McLaurin, offer differing opinions on the impact of a Texas Supreme Court decision related to the effect of the Texas Prompt Payment of Claims Act on appraisal. See Journal of Texas Insurance Law, Winter ed. 2022. Full article linked here: https://acrobat.adobe.com/link/track?uri=urn:aaid:scds:US:73205711-2195-480e-9ff9-37d0543f80a8

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CLINT COX PARTICIPATES IN NUCLEAR VERDICT WEBINAR

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Clint Cox participated in the GenRe webinar, titled “Diffusing the Bomb: How carriers and counsel can collaborate to minimize the potential for “Nuclear Verdicts” and unexpected case outcomes. Clients and Adjusters had an opportunity to hear from the panel about the rising number of these grossly enlarged settlement and verdict awards, how to combat Plaintiff strategies and wrong messaging about the safety of the trucking industry, and how to use the strengths of the law to the best advantage of our clients. For more information about this topic, please feel free to reach out to Clint at ccox@coxpllc.com.

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COX PLLC HOUSTON MANAGING PARTNER TRACY FREEMAN’S CLIENT OBTAINS COMPLETE VICTORY AT ARBITRATION; CLIENT AWARDED ITS FEES AND COSTS

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Houston – Cox PLLC is pleased to announce that its client, a global consulting firm and its director, won a complete defense award following a one-week JAMS Arbitration proceeding in Houston last Summer. The arbitrator, a former United States federal district court judge, issued a 37-page Opinion and Interim Award on February 15, 2022, finding for our Client on all causes of action and awarding our Client, as prevailing party, its attorney’s fees, costs, and expenses. Tracy Freeman, the Managing Partner of our Houston Office was lead counsel for the Client. He was assisted by Senior Paralegal Christie Bunch. The Claimant is an entrepreneur and inventor of novel anti-corrosion technology designed to remove contaminants and other corrosive materials from concrete, metal, and other structural surfaces in the oil and gas industry. After years patenting, modifying, and re-patenting his technology with little financial success, Claimant retained our Client to disentangle him from an unfavorable business deal and to assist on strategy and governance for launching world-wide product sales. Client successfully extricated Claimant from the failed venture where he was a minority owner in a company that owned his technology and had the exclusive marketing rights to the technology. However, Claimant later …

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TEXAS SUPREME COURT RECOGNIZES EXCEPTION TO 8-CORNERS RULE

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The Texas Supreme Court issued the much-anticipated opinion in Monroe Guar. Ins. Co. v. BITCO Gen. Ins. Corp. (attached), recognizing an exception to the eight corners rule. Specifically, the Court held that if the underlying petition states a claim that could trigger the duty to defend, and the application of the eight-corners rule is not determinative of whether coverage exists, due to gaps in the pleading, Texas law permits consideration of extrinsic evidence so long as it: (1) goes solely to an issue of coverage and does not overlap with the merits of liability, (2) does not contradict facts alleged in the pleading, and (3) conclusively establishes the coverage fact to be proved. This is similar to the Northfield exception long recognized by the Fifth Circuit. While many questions remain to be answered, such as what constitutes a conclusively established coverage fact, this opinion should be considered a victory for insurers. See Link for opinion: https://www.txcourts.gov/media/1453575/210232.pdf

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HOUSTON OFFICE

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COX PLLC is very pleased to announce the formal opening of its Houston, Texas, law office. Years in the making, the new office resides in the heart of Houston’s Galleria District, in the PNC building, located at 2200 Post Oak Blvd., Suite 1550, Houston, Texas 77056.

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CLINT COX AWARDED DRI VETERANS NETWORK MERITORIOUS SERVICE AWARD – September 2021

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Clint Cox is honored to receive the DRI Veterans Network Meritorious Service Award in 2021. This recognition is given to those who have served honorably in peacetime or wartime as a member of the United States Armed Forces or the United States Coast Guard and has distinguished himself or herself by providing exemplary and outstanding service to other veterans, their country, state, community, foreign jurisdiction or the legal profession. More about this and other award recipients can be found here: https://www.dri.org/docs/default-source/webdocs/awards-scholarships/2021-professional-achievement-awards.pdf

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JOEL A. RICHMOND PROMOTED TO PARTNER

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We are very pleased to announce the promotion of attorney Joel A. Richmond, to Partner, effective February 1, 2021. Joel joined our team last April, as a Senior Associate, with over 10 years of legal experience. Since joining our firm, he has broadened his expertise in handling very serious losses, and has started bringing in his own book of business. Additionally, he has proven to be a valued asset to our clients, who have expressed very positive feedback on his behalf. We truly appreciate Joel’s diligence, integrity, grace and synergy, in his work product, and in his relationships with our team and clients. “Since joining COX PLLC I have had the opportunity to do sophisticated and challenging work alongside a fantastic legal team and on behalf of a variety of diverse clients. This firm is truly unique in offering the team the ability to work remotely, contributing to a better work-life balance, while still fostering and developing a sense of camaraderie amongst the team. The support and encouragement I have received to grow my practice, skills and client base has been second to none. I am extremely grateful to expand my role here as a partner, and I look forward …

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