Patrick Kemp represents insurance companies in insurance coverage and bad faith litigation arising out of a broad range of commercial and personal lines claims. He has extensive experience serving as lead counsel in first-party insurance lawsuits defending breach of contract, bad faith and statutory extra-contractual claims throughout Texas. He serves as chair of the firm’s Insurance Coverage & Bad Faith practice group.

Patrick is an active member of several professional organizations including the State Bar of Texas Insurance Law Section, the Claims and Litigation Management Alliance and the Texas Association of Defense Counsel.

Honors

  • Rising Stars, 2009 – 2014

Professional & Civic Involvement

  • State Bar of Texas, Insurance Law Section
  • Claims and Litigation Management Alliance (CLM)
  • Texas Association of Defense Counsel

Practice Highlights

Representative Matters

  • Secured a defense verdict for a homeowners insurer in a bad faith lawsuit in the Northern District of Texas arising out of a claim for hail damage to a home.
  • Secured a favorable jury verdict for a commercial property insurer in a bad faith lawsuit in the Western District of Texas arising out of a claim for hail damage to multiple commercial properties.
  • Secured a declaratory judgment for a commercial automobile insurer finding no coverage for a $17.5 million dollar underlying judgment and granting summary judgment on Stowers and Texas Insurance Code counterclaims brought by judgment creditors.
  • Obtained a conditional writ of mandamus directing trial court to grant an automobile insurer’s motion to abate severed bad faith and other extra-contractual claims.
  • Secured summary judgment for a homeowners insurer in a bad faith lawsuit arising out of a hail claim in the Western District of Texas.
  • Obtained judgment on the pleadings and summary judgment for a commercial property insurer on bad faith claims under Texas Insurance Code arising out of a claim in the Northern District of Texas for wind and hail damage to multiple metal commercial buildings.
  • Secured defense verdict for a commercial property insurer in a bad faith lawsuit in the Northern District of Texas arising out of a wind claim to a ranch property.
  • Secured summary judgment for a commercial property insurer on bad faith and Texas Insurance Code claims in the Eastern District of Texas arising out of wind and hail damage to a convenience store.
  • Obtained order finding fraudulent misjoinder of a fire suppression system contractor in a bad faith lawsuit arising out of a business interruption claim by a commercial food product company in the Southern District of Texas.
  • Secured a defense verdict for an automobile insurer in trial of Texas Deceptive Trade Practices Act claims arising out of a premium dispute with a policyholder in the County Courts of Bexar County, Texas.
  • Secured summary judgment for a homeowners insurer in a bad faith lawsuit arising out of a sewage backup dispute in the Western District of Texas.
  • Obtained a defense verdict for a mortgage lender in a lawsuit over construction funding in Harris County Courts, Texas.
  • Secured summary judgment for a commercial property insurer in a bad faith lawsuit related to the applicability of an anti-concurrent causation clause in a foundation damage claim in the Western District of Texas.
  • Obtained dismissal of Texas Insurance Code claims against an adjuster establishing improper joinder in the Northern District of Texas.
  • Secured a defense verdict for an insurer in an arson trial in the Eastern District of Texas.
  • Obtained summary judgment for a homeowners insurer on the insured’s statutory bad faith and extra-contractual claims in a plumbing and dwelling foundation claim dispute in the Western District of Texas.
  • Secured a directed verdict for an automobile insurer in a bad faith jury trial in Travis County District Court, Texas
  • Secured a defense verdict for a national commercial mat distributor in a catastrophic personal injury lawsuit affirmed on appeal to the Fifth Circuit Court of Appeals.
  • Obtained summary judgment for a commercial property carrier in a bad faith lawsuit in the Southern District of Texas related to Hurricane Ike damage to an insured’s apartment complex.
  • Obtained summary judgment for a commercial general liability insurer in a lawsuit brought by an insured construction subcontractor seeking to recover defense costs and indemnity in a construction defect lawsuit in the Southern District of Texas.
  • Secured summary judgment on a business income loss claim in the Southern District of Texas by a consulting company following Hurricane Katrina.
  • Had judgment rendered on appeal for excess commercial insurer on a claim of liability under Motor Carrier Safety Act MCS-90 endorsement in the Fifth Circuit Court of Appeals.

News & Events

Publications

Speaking Engagements

  • “First-Party Property Claims – From Claim to Trial,” State Bar of Texas Advanced Insurance Law Conference, 2018
  • “Managing Disputes Among Liability Carriers,” Webinar, 2012
  • “Homeowners Claims: Roofers and Unlicensed Public Adjusters,” Central Texas Insurance Seminar, 2012
  • “Bad Faith in Liability Insurance,” Property Loss Research Bureau/Liability Insurance Research Bureau Western Regional Adjusters Conference, 2009