John Dagley and Les Little Settle Massive Hotel Insurance Claim
With a jury panel assembled and waiting outside U.S. District Judge Lee Rosenthal’s courtroom, Buck Keenan partners John Dagley and Lesley Little, along with co-counsel Mike O’Brien, settled all property damage claims for one of the largest hotel properties in the state against its insurer. Metro Hospitality Partners v. Lexington Insurance Co. involved enough first-party insurance issues to fill a CLE seminar, including independent injury under Fifth Circuit precedent, concurrent causation, ensuing loss, and segregation of covered and non-covered claims. After Metro withstood summary judgment and motions to strike all of its experts, and after the pre-admission of over 1000 exhibits into evidence, the parties were able to close a multi-million dollar gap and settle all disputed claims. The case arose from severe hail and wind damage that occurred in 2013, and it was settled just days before Hurricane/Tropical Storm Harvey wreaked devastation across Southeast Texas.