INSURANCE COVERAGE/BAD FAITHFS&S represents some of the nation's largest insurance carriers

Insurance Coverage/Bad Faith

Insurance coverage and insurance litigation have been a primary focus of Fee, Smith & Sharp from its inception.

The insurance industry is complex with widely varying regulations and unique claims that do not apply to other businesses. Fee Smith represents some of the nation’s largest insurance carriers in their efforts to resolve complex and significant disputes with their insureds, from both first and third-party claims under all types of insurance policies, such as general liability, excess and umbrella, commercial and personal auto, professional liability, trucking, homeowners, director and officer liability, products and completed operations, and garage keepers.


In conjunction with Fee Smith’s Construction Defect Group and its Transportation Group, the firm also manages Commercial General Liability (CGL) disputes related to construction defect claims and coverage disputes in high-exposure interstate trucking cases, including the applicability of the federal MCS-90 endorsement and coverage requirements imposed on interstate and intrastate motor carriers.

Bad Faith


When necessary, our attorneys partner with carriers to resolve bad faith claims, drawing on many years of experience working with special investigations units, providing fact-finding and guidance opinions, and assisting insurers in reporting and avoiding fraudulent claims.



Fee Smith’s representation of insurance carriers in Texas includes analysis of coverage issues and disputes, preparation of coverage opinion letters, preparation of the carrier’s reservation of rights letters, pursuing or defending the carrier’s coverage position in declaratory judgment actions, defending bad faith claims, pursuing or defending subrogation actions, and monitoring significant claims or litigation in order to protect the interests of excess carriers.

Frequently Asked Questions

What steps should my company take to prepare for potential litigation in Texas?

If your company is facing the possibility of litigation in Texas, it’s essential to take certain steps to prepare. First, gather and organize all relevant documents, contracts, and communications related to the dispute. Consult with your in-house legal team or engage outside counsel to evaluate the strengths and weaknesses of your case. It’s crucial to preserve any electronic or physical evidence that may be relevant to the litigation. Finally, communicate openly and regularly with your trial lawyer to ensure a comprehensive understanding of the situation and develop an effective legal strategy.

Can my company be sued in multiple jurisdictions in Texas?

Yes, it’s possible for a company to be sued in multiple jurisdictions within Texas. This can occur if the company has operations, employees, or significant contacts in different counties or cities across the state. In such cases, it’s crucial to work with an experienced trial lawyer who understands the complexities of multi-jurisdictional litigation. They can help you navigate the various procedural rules and strategize the most effective approach to handle the litigation in each jurisdiction.

How long does the litigation process typically take for a company in Texas?

The duration of litigation can vary widely depending on the specific circumstances of the case. Complex commercial disputes involving companies often take longer than simple personal injury cases. The litigation process in Texas generally involves several stages, including pleadings, discovery, pre-trial motions, trial, and potentially an appeal. It’s challenging to provide an exact timeline, as each case is unique. However, your trial lawyer can provide a rough estimate based on their experience and knowledge of the specific court where the case is being litigated.

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Dallas | 972-934-9100
Austin | 512-479-8400
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