Monday, July 23, 2018
   
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

Amy Elizabeth Stewart, Beverly Godbey Named to D Magazine 2018 Best Lawyers List

Kudos to Managing Principal Amy Elizabeth Stewart and Principal Beverly Godbey, both of whom were recognized by D Magazine’s 2018 listing of the Best Lawyers in Dallas for their expertise in insurance law.

This is Ms. Stewart’s seventh year to be named to the list and it is Ms. Godbey’s eighth year.

The D Magazine listing is the latest honor for the firm, which received a Tier 1 Metropolitan ranking for its expertise in Insurance Law by the 2018 Best Law Firms list published by U.S. News & World Report and The Best Lawyers in America. 

Ms. Stewart is the author of “Texas Insurance Coverage Litigation: The Litigator's Practice Guide,” published by Texas Lawyer Books and American Lawyer Media. In addition to her D Magazine honors, she has also earned selection to the annual Texas Super Lawyers list every year since 2009, including being named one of the Top 50 Women Lawyers in Texas in 2014, 2015 and 2017. She was also elected a Fellow of the prestigious American College of Coverage and Extracontractual Counsel (ACCEC) in 2013.

Ms. Godbey chairs the Board of Trustees of the Texas Center for Legal Ethics, is a past Chair of the Board of Directors of the State Bar of Texas and a member of the American Law Institute’s Consultative Group on Principles of The Law of Liability Insurance. In recognition of her pro bono contributions, she received the prestigious Fellows Justinian Award from the Dallas Bar Foundation in 2017. In addition to her D Magazine Best Lawyers recognition, she is regularly named to Texas Super Lawyers.



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Texas Rising Stars Recognizes Marisa Jeffrey on 2018 List of Exceptional Young Lawyers

Big congratulations are in order! Our very own Marisa Jeffrey was named to the 2018 Texas Rising Stars list of outstanding young lawyers.
 
The Rising Stars list is comprised of the top up-and-coming Texas attorneys who are 40 or younger or have been in practice for 10 years or less. Rising Stars are selected based on nominations by members of the elite Texas Super Lawyers list. No more than 2.5 percent of Texas attorneys were chosen for this honor. 

We aren’t surprised about the accomplishment: Marisa’s insurance expertise has grown exponentially since joining the firm in 2013. She regularly handles complex policy reviews and analysis, manages insurance coverage disputes both in litigation and on the claims track, and is our go-to cyber insurance guru.

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2017 Brought Wins, Losses for Insurance Policyholders

Last year was a busy one in insurance world. The Texas Legislature passed HB1774, which could profoundly change the balance of power betweenTexas Bar Today policyholders and insurance companies—and not to the benefit of policyholders.

The courts were also busy, offering policyholders a mixed bag of wins and losses. The Texas Supreme Court issued important decisions in USAA Texas Lloyds Co. v. Menchaca and Great American Insurance Co. et al. v. Hamel; the 14th Court of Appeals weighed in on Wyly v. Integrity Insurance Solutions; and the United State Court of Appeals for the Fifth Circuit issued its ruling in AIG Specialty Ins. Co. v. Tesoro Corporation.


Amy Elizabeth Stewart presented a rundown of these important cases and legislation earlier this month at the Litigation Update Institute, co-sponsored by Texas Bar CLE and the Litigation Section of the State Bar of Texas. Below is the accompanying text. A downloadable pdf version of the materials can be found here.



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Up in Smoke :: Marijuana-Related Insurance Considerations

Currently 30 states and the District of Columbia have legalized marijuana in some manner. Eight states and the District of Columbia have legalized recreational marijuana, with California being the newest state to join the recreational ranks as of January 1, 2018. Massachusetts will join those states legalizing recreational cannabis in July 2018.

The Trump administration recently rescinded an Obama-era policy where federal enforcement of marijuana laws was discouraged. Attorney General Jeff Sessions’ policy is an about-face change to the failure to prosecute marijuana-related crimes. Essentially, Sessions gave federal prosecutors around the country more discretion to enforce federal law in marijuana cases, even in the states where it is legal.

North American marijuana sales grew by an unprecedented 30% in 2016 to $6.7 billion and are anticipated to exceed $20 billion by 2021. While the marijuana industry is booming, and with the recent indication of changes to prosecuting marijuana crimes under federal law, many questions remain regarding insurability under personal lines as well as commercial policies.

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Amy Stewart Law Lands Veteran Insurance Coverage Lawyer Beverly Godbey

We are pleased to announce that Beverly Godbey has joined Amy Stewart Law as Principal. Ms. Godbey was most recently with Dallas’ Gardere Wynne Sewell LLP, where she was a partner and co-chair of the firm’s litigation practice.

A trial lawyer with more than three decades of experience, Ms. Godbey represents corporate policyholders from a wide variety of industries in a full spectrum of insurance issues, from coverage disputes and insurance recovery to insurance policy reviews and analysis.

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Amy Stewart Law Expands to Meet Client Needs – Welcome, Katie Glenn!

After working with the Amy Stewart Law team and its clients on a contract basis for the last year, Katie Glenn recently made it official, joining the firm as Of Counsel. Katie’s broad insurance coverage experience and robust litigation background have significantly increased the firm’s capacity to serve corporate policyholders in need of smart, business-savvy insurance advice and results-oriented representation in insurance claims and coverage disputes.    

A relentless advocate, Katie approaches each client engagement with the fierce determination and focus that helped her win three NCAA swimming championships and set six world records in U.S. Masters Swimming, says firm founder Amy Elizabeth Stewart

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Amy Elizabeth Stewart to Present Insurance Law Update at State Bar CLE Event

Amy Elizabeth Stewart, managing principal of Amy Stewart Law, will provide updates on insurance law at the Litigation Update Institute, co-sponsored by Texas Bar CLE and the Litigation Section of the State Bar of Texas.

The event is January 11-12 at the Omni Austin Hotel. Ms. Stewart’s presentation is at 2:45 p.m. on Friday, January 12. The entire conference provides 14 hours MCLE credit, including 1 hour of ethics. Early registration ends December 28.

The event will be broadcast via video on March 1-2 at Cityplace in Dallas.

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Perhaps D&O Investigation Coverage Is Worth the Price

It is time for corporate insureds to reevaluate whether they need to add entity coverage to their D&O insurance programs for SEC and other administrative investigations.

The U.S. Court of Appeals for the Tenth Circuit recently affirmed summary judgment in favor of a D&O carrier, finding no coverage under Colorado law for legal fees and expenses associated with a pre-Wells Notice SEC investigation of the insured organization.

In MusclePharm Corp. v. Liberty Ins. Underwriters, Inc., Case No. 16-1462 (10th Cir. Oct. 17, 2017), the court issued an unpublished decision in which it decided the SEC’s investigation leading up to its issuance of a “Wells Notice” to the plaintiff did not fall under the policy definition of “claim” because it did not allege a “wrongful act” during the policy period.

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2018 Edition of Amy Stewart’s ‘Texas Insurance Coverage Litigation’ Now Available

The 2018 edition of “Texas Insurance Coverage Litigation: The Litigator’s Practice Guide” by Dallas lawyer Amy Elizabeth Stewart of Amy Stewart Law is now available for purchase. The 2018 edition includes updates on the rapidly evolving area of cyber insurance, as well as an expanded section on commercial general liability policies. 

Click here to order the book.

“Texas Insurance Coverage Litigation” provides legal analysis, practical tips, and annotations specific to practicing before Texas courts and the 5th U.S. Circuit Court of Appeals, including a focus on third-party liability policies. It also includes a valuable set of forms for use in drafting pleadings and other legal documents.

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Amy Stewart Law Receives Best Law Firms Tier 1 Ranking in Insurance Law

Insurance coverage boutique Amy Stewart Law has been recognized for the firm’s expertise in Insurance Law with a Dallas-Fort Worth Tier 1 Metropolitan ranking on the 2018 Best Law Firms list published by U.S. News & World Report and The Best Lawyers in America.

This recognition is based on client and lawyer evaluations, peer reviews from leading industry attorneys and information provided by law firm submissions.

“Best Law Firms” status is awarded to firms with the highest overall score based on U.S. News/Best Lawyers’ research for each practice area.

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Beware Cyber Policies that Exclude Human Error

The recently reported Equifax breach, which exposed the personal information of more than 146 million Americans, is the latest reminder to businesses that they must take steps to ensure the security of their customers’ private information.

The breach also highlights the importance of cyber insurance, which can help cover the costs of responding to such a breach and compensate those who were injured by it.

recent story in the New York Times, however, illustrates the importance of reading the fine print of a cyber policy closely before procuring coverage. According to the Times, the company’s former CEO, Richard F. Smith, told the House Energy and Commerce Committee that the breach happened “because of a mistake by a single employee.”

On multiple occasions, Mr. Smith referred to an ‘individual’ in Equifax’s technology department who had failed to heed security warnings and did not ensure the implementation of software fixes that would have prevented the breach.




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Amy Elizabeth Stewart Named One of State’s Top 50 Women Lawyers by Texas Super Lawyers

Amy Stewart Law founder Amy Elizabeth Stewart has been recognized as one of the Top 50 Women Lawyers in Texas by Texas Super Lawyers, published by Thomson Reuters.

This is also the 9th consecutive year Ms. Stewart has been on the overall Texas Super Lawyers list of outstanding Texas attorneys. 

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Submit Hurricane Harvey Claims in Writing Before Friday, September 1

New Texas Insurance Code provisions take effect this Friday, restricting policyholders' rights against insurers who mishandle business and personal property claims arising from storms and other natural disasters.

Our June 26 blog post, New Texas Hail Law Restricts Property Policyholder Rights Far Beyond Hail Claims, provides a detailed analysis of the new law, codified at section 542A of the Texas Insurance Code.

Although various aspects of the new law will likely impact Hurricane Harvey claims that end up in litigation after the law's effective date, reduced penalty interest provisions apply to claims made on or after September 1.

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Amy Elizabeth Stewart Named to ‘Best Lawyers in America’ for 6th Consecutive Year

Amy Elizabeth Stewart has been named to the 2018 list of The Best Lawyers in America for her work in insurance law. This is the sixth year in a row she has been recognized by Best Lawyers, one of the nation’s premier guides to the country’s top lawyers.

Ms. Stewart, who handles complex insurance coverage and insurance bad faith litigation on behalf of policyholders, is the author of “Texas Insurance Coverage Litigation: The Litigator's Practice Guide,” published by Texas Lawyer Books and American Lawyer Media. She was also elected a Fellow of the prestigious American College of Coverage and Extracontractual Counsel (ACCEC) in 2013.

She was also honored by D Magazine’s Best Lawyers in Dallas, has been named to the annual Texas Super Lawyers list every year since 2009, and was recently recognized by the Dallas Women Lawyers Association as one of its Outstanding Female Lawyers for 2017.


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Amy Elizabeth Stewart To Be Honored at DWLA Awards Event

The Dallas Women Lawyers Association has recognized Amy Elizabeth Stewart, founder of Amy Stewart Law, as one of its Outstanding Female Lawyers for 2017.

Ms. Stewart, who is being recognized as an Outstanding Female Lawyer – Small Firm, is one of several local lawyers who will be honored by the DWLA at its annual Awards Reception on October 19 at the Dallas Omni Hotel.

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Please visit our web site at www.amystewartlaw.com.
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Amy Stewart Law is a boutique law firm that represents policyholders in insurance coverage litigation and bad faith, with an emphasis in directors & officers liability, cyber insurance, fiduciary liability, professional liability and other specialty liability coverages.


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Practice Areas Minimize
  • insurance coverage litigation
  • bad faith litigation
  • policy interpretation & analysis
  • insurance review & planning advice
  • advice | insurance disputes
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Amy Stewart PC | Dallas, Texas | Copyright 2018 | All Rights Reserved