Insurance Litigation

Jones Kurth, Andrews & Ortiz has earned a national reputation for effective representation of insurance carriers, most notably the defense of insurance bad faith claims. The Firm represents several insurance companies in the defense of such claims as wrongful refusal to defend, wrongful refusal to settle, alleged violations of the Insurance Code, and alleged violations of the Deceptive Trade Practices Act. As part of its continuing effort to aid clients in reducing litigation expenses, the Firm has presented seminars to insurance companies on effective claims handling and avoiding bad faith.

The Firm has significant experience in representing First Party claims. Larry Kurth is one of the most highly regarded First Party attorneys in Texas. His knowledge of litigation theories and how to prepare an effective First Party defense is an invaluable asset to the Firm’s clients.

Whether the claim involves foundation movement, mold, or other cause, the Firm's lawyers have the experience to handle the entire legal process from examinations under oath to trial.

Representative clients have included State Farm Insurance Companies, Allstate Insurance Company, Farmer’s Insurance Group, ITT Hartford, Aetna Casualty and Surety Company, Crum & Forster Insurance Company, Transamerica Insurance Company, Highlands Insurance Company, USAA, and Trinity Universal Insurance Company.

Jones Kurth, Andrews & Ortiz is highly experienced in the defense of negligence and personal injury claims. The lawyers have defended a variety of such cases through trial, including automobile accidents and slip and fall cases. Whether the accident involves a strained back or a fatality, the Firm has the expertise to effectively and efficiently handle the case.

One area of the Firm’s practice involves cases alleging inadequate security brought against property owners. These cases often involve death, serious injury, or sexual assault caused by a third party, for which the property owner is then blamed. David Jones, Dan Andrews, Brad Bartlett, and Ray Ortiz have all defended such cases, and are familiar with the theories of liability utilized by plaintiffs, as well as how to successfully use experts in these cases.

Additionally, the Firm has substantial experience in the area of product liability defense. Jones Kurth, Andrews & Ortiz has handled cases concerning allegations of unsafe design in such varied products as automobiles, handguns, asphalt distributors, man lifts and ovens. The Firms’ skill at coordinating the testimony of experts in product design, manufacturing, biomechanics, safety, and human factors provides clients with an efficient, thorough defense.

Chemical fires, soil contamination, oil spills, poor air quality, and water pollution all can lead to complex toxic tort litigation. The large numbers of people that may be involved further complicates the defense of such cases. As an important component of the Firm’s comprehensive defense strategy, toxic torts are handled by attorneys with strong backgrounds in science, environmental management, or other areas that relate to the case in question.

Representative clients have included: State Farm Automobile Insurance Company, Safeway Managing General Agency, H.E. Butt Grocery Company, Fiat Auto U.S.A., Davis Industries, General Accident Insurance Company, Six Flags Fiesta Texas, McLaren Toplis of North America, and E.D. Etnyre & Co.

Defense of worker's compensation claims is an area in which the Firm’s lawyers have extensive experience. Their research and analysis of legislative changes in this area make Jones Kurth, Andrews & Ortiz singularly qualified to represent clients in all workers’ compensation cases, including BRCs and CCHs. The lawyers also have the knowledge and experience to effectively handle cases against non-subscribers.

Another area of Jones Kurth Andrews & Ortiz' expertise is in the area of labor law. The Firm is capable of presenting a strong defense in wrongful termination, sexual harassment, whistleblower, ADA discrimination, and sexual discrimination lawsuits, as well as counseling clients on employment issues.

Commercial Litigation

Jones Kurth, Andrews & Ortiz is developing a statewide presence in its commercial litigation and creditor's rights practice.  The Firm regularly represents corporate and institutional clients with respect to contract disputes, commercial and consumer collection, and other business litigation.

Unlike some commercial litigators who have rarely gone to trial in their career, the Firm’s shareholders have extensive trial experience.  They are definitely not intimidated by the prospect of taking a case all the way through trial, when merited by the facts and circumstances.  This trial experience is also very useful when it comes to evaluating the strengths and weaknesses of a commercial litigation claim.  Furthermore, the lawyers have at their disposal sophisticated technology to manage large databases for document intensive commercial matters.

Business Law

The Firm recognizes that quite often business lawsuits can be avoided through careful planning and drafting of contracts and other documents.  To that end, the Firm’s lawyers regularly draft and review contracts, leases, etc. for its business clients, and counsels with them on ways to avoid problems with customers and competitors.  The Firm can also prepare and file the necessary documents to create a corporation or other appropriate legal entity.

The Firm also practices in the area of public law. Municipalities, counties, and school districts, faced with the difficult challenge of maximizing ever-diminishing resources, are quickly becoming cognizant of the economic impracticality of retaining a law firm full time. Jones Kurth, Andrews & Ortiz offers its services to these public entities on an as-needed basis. The Firm’s expertise enables it to handle a variety of governmental matters, ranging from tax assessment disputes to liability issues and zoning concerns.