Insurance Coverage and Policyholder Claims

Lead counsel for apartment owners and a property management company which were sued by several hundred residents of four complexes for health problems allegedly caused by exposure to a termiticide. The clients’ liability insurers refused to cover the residents’ claims. Mr. Kelly negotiated a settlement in which the plaintiffs released his clients in return for assignment of the clients’ insurance bad faith claims against the insurers. His clients retained a recovery interest in the bad faith claims, and ultimately received $2.4 million from the insurers. His clients paid nothing to the Plaintiff residents.

Counsel for the same apartment owners and property management company pursuing insurance bad faith claims against different insurers which also refused to cover the termiticide-based claims. The cases were settled for confidential amounts prior to trial.

Represented a prominent Houston area professional athlete who personally designed a Palladian architecture mansion inspired by Thomas Jefferson’s Monticello. The client’s contractors poorly executed construction of the building, and his insurers thereafter disputed coverage. Mr. Kelly settled his client’s claims for a substantial amount prior to litigation and trial. The mansion was completely rebuilt to the style and specifications as originally designed.