Bracewell & Giuliani LLP Prevails in Texas Supreme Court on Major Insurance Policy Case, Frank's Casing.HOUSTON -- Warren W. Harris, who leads the appellate practice of Bracewell & Giuliani LLP LLP - Lower Layer Protocol , 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 Not heard of; of which there are no tidings. Unknown to fame; obscure. - Glanvill. See also: Unheard Unheard ," said Mr. Harris, who sought the Frank's Casing rehearing rehearing n. conducting a hearing again based on the motion of one of the parties to a lawsuit, petition or criminal prosecution, usually by the court or agency which originally heard the matter. 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 IADC International Association of Drilling Contractors IADC International Association of Defense Counsel IADC Inter-Agency Space Debris Coordination Committee IADC Inter-American Defense College IADC International Association of Dredging Companies 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 Texas is a hamlet in Oswego County, New York, USA, near the southeastern corner of Lake Ontario. It is officially part of the town of Mexico. Geography Texas lies on Little Salmon Creek, about one-half mile above the mouth of that stream on Lake Ontario, on an east-west , Washington DC, Connecticut, Dubai, Kazakhstan and London, we serve clients concentrated in the energy and financial services The examples and perspective in this article or section may not represent a worldwide view of the subject. Please [ improve this article] or discuss the issue on the talk page. sectors worldwide. In 2005, former New York City New York City: see New York, city. New York City City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S. Mayor Rudolph W. Giuliani joined the firm as a senior partner. His reputation for leadership and problem solving problem solving Process involved in finding a solution to a problem. Many animals routinely solve problems of locomotion, food finding, and shelter through trial and error. 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. |
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