Patrick M. Kemp

Practice Highlights

Representative Matters

• Secured a defense verdict for a homeowners insurer in a lawsuit alleging breach of contract and other causes of action arising out of a water damage claim.
• Secured a defense verdict for a homeowners insurer in a breach of contract and bad faith lawsuit arising out of a claim for hail damage to a home.
• Secured a defense verdict for a homeowners insurer in a breach of contract and bad faith lawsuit arising out of a fire resulting in the total loss of a home, which was affirmed in the U.S. Fifth Circuit Court of Appeals on appeal by the plaintiff.
• Obtained summary judgment for a commercial farm and ranch insurer on breach of contract and other asserted causes of action in a lawsuit arising out of a claim for damage to heavy machinery.
• Secured a favorable jury verdict for a commercial property insurer in a bad faith lawsuit arising out of a claim for hail damage to multiple commercial properties.
• Obtained summary judgment for a commercial property insurer on claims of breach of contract and bad faith in a lawsuit arising out of a claim for hail damage to a metal commercial building under a policy that excluded cosmetic loss from hail.
• Obtained summary judgment for a homeowners on claims of breach of contract and bad faith in a lawsuit arising out of a Hurricane Harvey claim for wind damage.
• Obtained favorable declaratory judgment for a commercial auto 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 writ of mandamus directing trial court to grant an auto insurer’s motion to abate severed bad faith and other extra-contractual claims.
• Obtained summary judgment for a homeowners insurer in a bad faith lawsuit arising out of a hail claim.
• Obtained summary judgment for a commercial property insurer on bad faith claims under Texas Insurance Code arising out of a claim for wind and hail damage to multiple commercial buildings.
• Secured defense verdict for a commercial property insurer in a bad faith lawsuit in the arising out of a wind claim to a ranch property.
• Obtained summary judgment for a commercial property insurer on bad faith and Texas Insurance Code claims arising out of wind and hail damage to a convenience store.
• 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.
• Obtained summary judgment for a homeowners insurer in a bad faith lawsuit arising out of a sewage backup dispute.
• Secured a defense verdict for a mortgage lender in a lawsuit over construction funding for a restoration and repair project.
• Obtained 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.
• Secured a defense verdict for a homeowners insurer on a fire claim establishing the arson defense.
• Obtained summary judgment for a homeowners insurer on an insured’s statutory bad faith and extra-contractual claims in a plumbing and dwelling foundation claim dispute.
• Secured a directed verdict for an automobile insurer in a bad faith jury trial.
• Secured a defense verdict for a national commercial mat distributor in a catastrophic personal injury lawsuit, which was affirmed in the U.S. Fifth Circuit Court of Appeals on appeal by the plaintiff.
• Obtained summary judgment for a commercial property insurer in a bad faith lawsuit arising out of 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 contractor seeking recovery of defense costs and indemnity in a construction defect lawsuit.
• Obtained summary judgment on a business income loss claim by a consulting company following Hurricane Katrina.
• Obtained reversal and rendition on appeal to the U.S. Fifth Circuit Court of Appeals of an adverse final judgment against an excess commercial auto insurer based on the Motor Carrier Safety Act MCS-90 endorsement.