Bracewell & Giuliani LLP Prevails in Texas Supreme Court on Major Insurance Policy...
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Bracewell & Giuliani LLP Prevails in Texas Supreme Court on Major Insurance Policy Case, Frank's Casing HOUSTON--(Business Wire)-- Warren W. Harris, who leads the appellate practice of Bracewell & Giuliani LLP, successfully defended Frank's Casing Crew & Rental Tools Inc. in one of Texas' most significant insurance cases in the last several decades. On Feb. 1, 2008, the Texas Supreme Court withdrew its landmark 2005 7-0 ruling in Excess Underwriters at Lloyd's, London, et al. v. Frank's Casing Crew & Rental Tools Inc. and held that unless an insurance policyholder's contract provides the insurer with the right to reimbursement of settlement proceeds following a coverage dispute, then the insurer cannot unilaterally create such a right. The Court's 5-3 ruling affirmed the case's 2002 ruling by the Fourteenth Court of Appeals in Houston. In the closely-watched appeal, the Supreme Court relied on Texas Association of Counties County Government Risk Management Pool v. Matagorda County, a 2000 decision that ruled that an insurer can seek reimbursement only if it obtains clear consent from the policyholder. "For the Court to reconsider their original opinion and reverse a 7-0 ruling is virtually unheard of," said Mr. Harris, who sought the Frank's Casing rehearing on behalf of his client in January 2006. "It's certainly been a long-awaited decision in the bar and is a significant victory. We are thrilled that the Court reaffirmed Texas law on this issue." Mr. Harris argued the case on rehearing on Feb, 15, 2006. Fred Hagans of Hagans, Burdine, Montgomery, Rustay & Winchester in Houston served as Co-counsel. Based in the Houston office, Mr. Harris heads the firm's appellate practice, is chair of the IADC Appellate Practice Committee and is a past chair of the State Bar of Texas Appellate Section and the ABA TIPS Appellate Practice Committee. About Bracewell & Giuliani LLP Bracewell & Giuliani LLP is a prominent international law firm. With more than 400 lawyers in Texas, New York, Washington DC, Connecticut, Dubai, Kazakhstan and London, we serve clients concentrated in the energy and financial services sectors worldwide. In 2005, former New York City Mayor Rudolph W. Giuliani joined the firm as a senior partner. His reputation for leadership and problem solving is a unique asset for our clients, which include Fortune 500 companies, major financial institutions, leading private investment funds, governmental entities and individuals. For more information about Bracewell, visit www.bgllp.com. Bracewell & Giuliani LLP Melanie Hillis, 713-221-1165 firstname.lastname@example.org Copyright Business Wire 2008