Insurance Litigation

We are not an “insurance defense” firm, but we regularly defend insurers at the Texas Department of Insurance and in Texas courtrooms, primarily in non-claims related litigation.

Agent Litigation

Disputes with captive insurance agents abound. And one agent’s success can affect the legal interpretation of an insurer’s appointing agreement forever thereafter, not to mention that the same success can serve as inspiration for similar claims from additional agents. But while agents frequently litigate against the insurers they serve, individually, they present low-exposure cases. Our lawyers have experience crafting cost-effective and efficient solutions to these recurring agency issues, exemplified in the following representative matters:

  • Agent’s violation of post-termination non-competition clause in the appointing agreement
  • Insurer’s alleged breach of appointing agreement and failure to pay commissions
  • Agent’s failure to write acceptable business with appointed insurance group (“switching”)
  • Agent’s alleged fraud in connection with the partial surrender of a life insurance policy
  • Insurer’s alleged violation of statutory duty to insure property for its “fair value”

Constitutional and Complex Insurance Litigation

Rate making, forms, mandatory coverages, and statutory fees present complicated compliance issues for insurers, which often result in litigation. Indeed, sophisticated plaintiffs’ lawyers can discover claims and causes of action in most new state and federal laws touching on insurance. Our lawyers have been on the leading edge of many high-profile challenges to insurance laws and regulations, including:

  • Constitutional challenge to insurance “rate rollback” statute (obtained summary judgment)
  • Constitutional challenge to the Affordable Care Act (a/k/a ObamaCare)
  • Lead trial counsel for the State of Texas (summary judgment; partial win at Supreme Court)
  • Defense of statutory fee collection in rate filing (victory at Texas Supreme Court)
  • Defense of Fair Credit Reporting Act allegations (obtained dismissal in trial court)

Insurance Class Action Litigation

Cobb & Counsel attorneys have defended numerous high-profile insurance class action cases in Texas and throughout the nation, in both trial and appellate courts. We have litigated class actions (some, multiple times) across the entire spectrum of the insurance business, including those regarding claims handling, credit scoring, mandatory coverage / form requirements, claims payments, and premium charges / statutory fees.


Cobb & Counsel PLLC

Principal Office in Austin, Texas

401 Congress Avenue, Suite 1540
Austin, Texas 78701