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Practice Areas
Education
- University of Texas School of Law, J.D., with honors, 2002
- University of Texas at Austin, B.S., Mathematics, 1997
Bar and Court Admissions
- State Court: Texas
- U.S. Court of Appeals: Fifth Circuit
- U.S. District Court: Eastern, Western, Northern and Southern Districts of Texas
David B. Winter
David's practice focuses primarily on resolving commercial insurance coverage disputes and the resulting litigation. His experience includes cases involving commercial property, errors and omissions, general liability, and employee dishonesty insurance policies. He also has experience in analyzing the complex issues associated with both facultative and treaty reinsurance. David continues to have an instrumental role in Zelle Hofmann's representation of insurance carriers involved in disputes stemming from various natural disasters, including Hurricanes Katrina, Wilma, and Ike.
Representative Matters
Bexar County Hospital District d/b/a University Health System v. Factory Mutual Insurance Company, 475 F.3d 274 (5th Cir. 2007). Fifth Circuit affirmed summary-judgment ruling in favor of commercial property insurer on deductible calculation of “time element loss.”
Obtained ruling on behalf of commercial property insurer following ten-day arbitration of $75 million claim by Fortune 100 retail company arising out of Hurricane Katrina.
Obtained summary judgment ruling in $11 million commercial general liability coverage dispute arising from construction defects at apartment complex.
Represented commercial property insurer in $178 million reinsurance coverage dispute arising from employee sabotage of supercomputer.
Represented multiple property insurers in coverage dispute involving $81 million claim arising out of a fire at a petrochemical refinery.
Represented property insurer in insurance coverage litigation involving $250 million of alleged damages arising out of Hurricane Katrina.
Represented professional liability insurer in $10 million coverage dispute.
Represented excess errors and omission insurance carrier in $33 million claim arising from error in human clinical trial.
Represented multiple commercial property insurance carriers in $373 million business interruption claim arising from damage to chemical manufacturing facilities arising from Hurricane Ike.
Represented reinsurer for excess general liability carrier in $1 million dispute with primary liability carriers involving coverage for settlement of a nursing home liability case.
Articles & Presentations
"Protecting Attorney-Client Privilege In First-Party Insurance," Insurance Law360, September 21, 2011, co-author
"Waiver Of Appraisal — More Than A Matter Of Time," Insurance Law360, April 18, 2011, co-author
"The Texas Insurance Statutes: Bad Faith and Other Issues," 2009 Windstorm Insurance Network Texas Symposium, April 2, 2009, co-presenter
Professional Affiliations
- American Bar Association
- Dallas Bar Association
- Dallas Young Lawyers Association
