ACE TEAM JOINS COX PLLC
Cox PLLC is delighted to welcome Jennifer Kelley and her team of attorneys and staff, specializing in coverage, bad faith, first- and third-party claims; with over 50 years of combined experience!
COX PLLC HOUSTON MANAGING PARTNER TRACY FREEMAN’S CLIENT OBTAINS COMPLETE VICTORY AT ARBITRATION; CLIENT AWARDED ITS FEES AND COSTS
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 …
TEXAS SUPREME COURT RECOGNIZES EXCEPTION TO 8-CORNERS RULE
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
TEXAS H.B.19 – TEXAS CIVIL PRACTICE & REMEDIES CODE, TITLE 4, CHAPTER 72: GUIDANCE ON THE APPLICATION OF H.B. 19
Cox PLLC has developed guidelines and suggestions for commercial motor vehicle cases filed after September 1, 2021. If you would like more information, please contact Clint Cox at ccox@coxpllc.com or Jas Braich at jbraich@coxpllc.com.
HOUSTON OFFICE
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.
CLINT COX AWARDED DRI VETERANS NETWORK MERITORIOUS SERVICE AWARD – September 2021
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
JOEL A. RICHMOND PROMOTED TO PARTNER
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 …
LISA M. YERGER PROMOTED TO PARTNER
We are very pleased to announce the promotion of attorney Lisa Yerger, to Partner, effective today. Lisa joined our team last July, as a Senior Associate, with 10 years of legal experience. Since joining our firm, she has broadened her expertise in handling very serious losses, and has proven that she is a valued asset to our clients, who have expressed very positive feedback on her behalf. We truly appreciate her diligence, integrity, grace and synergy, in her work product, and in her relationships with our team and clients. “Ever since making the switch to defense work in 2014, I knew I loved the work, but thought practicing at an insurance defense firm could be different, better. This last year at Cox, I feel like I’ve finally found what I’ve been searching for—a firm with great people, interesting cases, a supportive team, effective technology and most importantly, firm values in alignment with my own. Having the flexibility to work remotely this past year has been truly life changing, and I’m grateful to be part of a team that was ahead of the curve on the “work from home” trend. I’m excited to continue serving our clients by obtaining great results …
POST COVID-19 CLAIMS WHAT IS LURKING MAY SURPRISE YOU
Regardless of what the economy does, claims are coming, in droves. Historically, in economic downturns, claim frequency rises. People fuss over smaller amounts, although in more stable or boom times, they might not have done so. In recent conversations with attorneys across the nation, we are hearing of new suits and growing intentions of waves of insurance claims for business interruption, loss of business income, etc. There have even been state legislatures passing new laws to make these claims easier to prosecute, to “protect the policyholder.” We are further all hearing and reading about recent unemployment filings erasing the gains of the past ten years, and the vast inability of people to pay their debts on credit cards, auto, and home mortgage loans. All in all, this type of financial risk activity will affect every one of us, particularly companies in the claims business. And if that were not enough, there may be some related concerns lurking out there, which probably should be part of the conversation, in the claims business. Notably, and maybe surprisingly, plaintiffs’ lawyers have increased their advertising. We are seeing plaintiff lawyer television commercials, during prime-time nightly news, particularly on the ten o’clock circuit–like never before. …
CLINT COX WILL BE ON THE SPEAKING CIRCUIT THIS YEAR TO PRESENT THE AGE OF NUCLEAR VERDICTS
Clint Cox will be on the speaking circuit this year to present The Age of Nuclear Verdicts. He will attend the Dallas, Phoenix, Denver, Omaha, Philadelphia, Chicago, Atlanta, and Orlando conferences, where a panel of experienced defense attorneys showcase issues that range from achieving early resolutions to cracking plaintiff’s medical treatment mills, all related to the trucking industry risk and claims handling. The goal of these conferences is to focus on increasing and improving safety on the roadway and to mitigate risk. Guests will earn Continuing Education credit, and there is still time to register. This event is free, and is an excellent resource for adjusters to learn more about balancing the moving parts related to insurance claims. For more information about registering for one of these conferences, please visit https://www.truckingbootcamp.com/dates-and-locations.