Gravely Amicus Filings & Advocacy on behalf of Texas Property Owners

We are committed to the property rights of our clients, Texas property owners. A property owner has a right to enforce the promise of performance as it relates to the integrity of the property Whether a newly constructed project or an already existing property that has damage covered by insurance, owners find themselves at odds with those who are responsible for the integrity of their investment.

Our law firm is dedicated to monitoring and enforcing these (and other) rights:

The right to have a multi-million dollar project constructed in accordance with the promises made;

and

The right to have a full and complete payment made for a covered insurance loss.

We routinely litigate on behalf of property owners and have successfully resolved many hundreds of cases for our clients.

We monitor legislation that affects the rights of our clients.

We speak on behalf of commercial property owners in virtually every segment of the Texas real estate marketplace including:

  • Hotel and Lodging
  • Hospitals
  • Apartments
  • Independent School Districts
  • Automobile Dealers
  • Commercial Building Owners
  • Rural and Community Hospitals
  • Charter Schools
  • Real Estate Investment Funds
  • Cities and Counties
  • Transit Authorities
  • Rural Texas School Districts
  • High and Mid Rise Owners
  • Home Owners Associations
  • Condominium Owners
  • County Jails

And all other privately or publicly owned commercial properties.

Our commitment to the rights of these owners is reflected in our work as Amicus Counsel at the Texas Supreme Court. We have appeared on behalf of virtually every group of owners as relates to preservation of their property rights. Our advocacy has extended to the Texas Supreme Court on behalf of property owners as a party or amicus counsel more than a dozen times.

Among the trade groups we have represented at the Texas Supreme Court with real estate and construction projects valued in the hundreds of billions of dollars are:

  • Texas Hospital Association
  • Texas Apartment Association
  • Texas Hotel & Lodging Association
  • Texas Association of School Boards – Legal Assistance Fund
  • Texas Municipal League
  • Texas Association of Counties
  • Texas Association of Auto Dealers
  • Texas Association of Independent Auto Dealers
  • International Council of Shopping Centers
  • Texas Organization of Rural and Community Hospitals
  • Texas Building Owners & Managers
  • Texas Community Association Advocates
  • Independent Bankers Association of Texas

A sampling of our advocacy and a short description of the property rights sought to be preserved or protected is set forth below.

Gravely –
Texas Supreme Court Briefs/Opinions

Supreme Court Opinion: 4/17/2020

Style: Cause No. 18-0911; Steven Biasatti and Paul gross dba TopDog Properties vs. Guideone National Ins. Co.; In the Supreme Court of Texas

Gravely Represented: Steven Biasatti dba TopDog Properties and Paul Gross dba TopDog Properties

Legal Cite: Biasatti v. GuideOne Nat'l Ins. Co., No. 18-0911, 63 Tex. Sup. Ct. J. 780, 2020 Tex. LEXIS 319 (Apr. 17, 2020)

Case Summary: The Court held that the business policyholder had a right to recovery against its insurance company for all damages incurred and further closed a loophole favored by the insurance industry to cut off a business’s rights to recover its full measure of damages for denial of a covered loss.

Supreme Court Opinion: 6/28/2019 PDF: TX 17-0640 & 17-1048 | Barbara Technologies, Inc. v State Form Lloyds & Oscar Ortiz

Style: Cause No. 17-1048; Oscar Ortiz vs. State Farm Lloyds; In the Supreme Court of Texas

Gravely Represented: Texas Automobile Association; Texas Hospital Association; Texas League of Community Charter Schools; Independent Bankers Association of Texas; Texas Hotel & Lodging Association

Legal Cite: Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex. 2019)

Case Summary: The Court held an insurer cannot escape penalties set forth under the Texas Insurance Code merely by payment of an appraisal award. An important case for Texas businesses.

Supreme Court Opinion: 6/28/2019 PDF: TX 17-0640 & 17-1048 | Barbara Technologies, Inc. v State Form Lloyds & Oscar Ortiz

Style: Cause No. 17-0640; Barbara Technologies Corp vs. State Farm Lloyds; In the Supreme Court of Texas

Gravely Represented: Texas Hospital Association; Independent Bankers Association of Texas; Texas Association of Community Schools; Texas League of Community Charter Schools; Texas Hotel & Lodging Association; Texas Organization of Rural and Community Hospitals; Texas Automobile Dealers Association

Legal Cite: Barbara Techs. Corp. v. State Farm Lloyds, No. 17-0640, 2019 Tex. LEXIS 36 (Jan. 18, 2019)

Case Summary: The Court held that an insurer is liable for failure to timely issue a loss payment and is bound to follow the Texas Insurance Code.

Supreme Court Opinion: 4/13/2018

Style: Cause No. 14-0721; USAA Texas Lloyds Co. vs. Gail Menchaca; In the Supreme Court of Texas

Gravely Represented: Texas Independent Automobile Dealers Association; Brass Real Estate Funds; Texas Organization of Rural & Community Hospitals

Legal Cite: USAA Tex. Lloyds Co. v. Menchaca, No. 14-0721, 2017 Tex. LEXIS 1157 (Dec. 15, 2017)

Case Summary: The Court rejected the insurance industry’s attempt to shift the cost burden of investigation of a loss to its policyholder and reaffirmed five fundamental rules addressing the relationship between insured and insurer.  A big win for Texas businesses.

Date filed: 6/17/2016 PDF: TX 13-0673 | Roy Seger, Et Al. v Yorkshire Insurance Co. Ltd. & Ocean Marine Insurance Co. Ltd.

Style: Cause No. 13-0673; Roy Segar, et al. vs. Yorkshire Ins. Co., Ltd. and Ocean Marine Ins. Co., Ltd.; In the Supreme Court of Texas

Gravely Represented: Texas Coverage Lawyers; AMICUS CURIAE

Opinion Cite: Seger v. Yorkshire Ins. Co., 503 S.W.3d 388 (Tex. 2016)

Case Summary: The Seger case involved the issue of the Texas Insurance Code governing insurers and surplus lines carriers and applicable remedies & penalties appropriate to maintain a competitive insurance marketplace in Texas.

Supreme Court Opinion: Decision rendered without published opinion

Style: Cause No. 14-0890; Marcus B. Patterson, Individually, as Independent Administrator of the Estate of Diane Patterson, and anf of Dane Patterson and Daniel Patterson and as Assignees of Brewer Leasing vs. Home State County Mutual Ins. Co..; In the Supreme Court of Texas

Gravely Represented: Texas Policyholder Coverage Lawyers; AMICUS CURIAE

Legal Cite: Patterson v. Home State Cty. Mut. Ins. Co., No. 14-0890, 2015 Tex. LEXIS 873 (Sep. 11, 2015)

Case Summary: This case addressed the duties of insurance companies to their policyholders in specific claims situations.

Supreme Court Opinion: 5/8/2015 PDF: TX 13-0080 | RSUI Indemnity Co. v The Lynd Company

Style: Cause No. 13-0080; RSUI Indemnity Co., v. Lynd Company; In the Supreme Court of Texas

Gravely Represented: Texas Apartment Association, Inc. and Texas Hotel & Lodging Association

Legal Cite: RSUI Indemnity Co., v. Lynd Company, 466 S.W.3d 113 (Tex. 2015)

Case Summary: This case involved a large commercial loss and the application of excess insurance coverage in light of ambiguous policy language.  Big win for the policyholder.

Supreme Court Opinion: 4/24/2015

Style: Cause No. 13-0711; Jaw The Pointe, L.L.C. vs. Lexington Ins. Co.; In the Supreme Court of Texas

Gravely Represented: Jaw The Pointe, LLC

Legal Cite: JAW The Pointe, L.L.C. v. Lexington Ins. Co., 460 S.W.3d 597 (Tex. 2015)

Case Summary: The Court addressed the timing and effect of a local city ordinance on a specific trigger of coverage for a property owner, and concurrent causation under the facts of the case.

Supreme Court Opinion: 1/7/2014 PDF: TX 12-0661 | Ewing Construction Co., Inc. v Amerisure Insurance Co.

Style: Cause No. 12-0661; Ewing Construction Co., Inc. vs. Amerisure Ins. Co.

Gravely Represented: Texas Apartment Association, Inc.; Texas Hospital Association; Texas Hotel & Lodging Association; Texas Automobile Dealers Association, Inc.; Texas Association of School Boards Legal Assistance Fund; International Council of Shopping Centers; Texas Community Association Advocates; Texas Organization of Rural & Community Hospitals; Texas Association of Counties; Texas Municipal League; and Texas Building Owners and Managers Association, Inc.

Legal Cite: Ewing Constr. Co. v. Amerisure Ins. Co., 420 S.W.3d 30 (Tex. 2014)

Case Summary: The Ewing case addressed insurance coverage for general contractors in the event of construction defects. Many Texas property owner trade groups had an interest in the outcome of the matter - ultimately successful based in part on Marc Gravely’s effective advocacy.

Date filed: 8/23/2013 PDF: TX 11-0394 | Lennar Corporation, Et Al. v Markel American Insurance Co.

Style: Cause No. 11-0394; Lennar Corp. Lennar Homes of Texas Sales & Marketing Ltd. And Lennar Homes of Texas & Construction, Ltd. vs. Markel American Ins. Co.; In the Supreme Court of Texas

Gravely Represented: Certain Texas Insurance Coverage Lawyers

Legal Cite: Markel Am. Ins. Co. v. Lennar Corp., 413 S.W.3d 750 (Tex. 2013)

Case Summary: This seminal 12 year case held an insurer is responsible for costs incurred to determind property damage as well as to repair.

Supreme Court Opinion: Decision without published opinion

Style: Cause No. 11-0912; Southland Lloyds Ins. Co. vs. David Onofre Cantu and Guadalupe Cantu.; In the Supreme Court of Texas

Gravely Represented: Don Onfre Cantu

Legal Cite: Southland Lloyds Ins. Co. v. Cantu, No. 11-0912, 2012 Tex. LEXIS 927 (Oct. 26, 2012)

Case Summary: This matter focused on expert testimony and satisfaction of Robinson factors, replacement cost versus actual cash value and the appraisal process.

Supreme Court Opinion: 5/6/2011 PDF: TX 10-0238 | In re Universal Underwriters of Texas Insurance Co. v TAA, TASB LAF, & TORCH

Style: Cause No. 10-0238; In re Universal Underwriters of Texas Ins. Co.; In the Supreme Court of Texas

Gravely Represented: Texas Apartment Association, Inc.; Texas Association of School Board Legal Assistance Fund and Texas Organization of Rural & Community Hospitals

Legal Cite: In re Universal Underwriters of Texas Ins. Co., 345 S.W.3d 404 (Tex. 2011)

Case Summary: One of the original appraisal cases in the State of Texas and waiver of the right to assert appraisal.

Supreme Court Decision: 12/3/2010

Style: Cause No. 09-0683; Christi Bay Temple vs. Guideone Specialty Mutual Ins. Co., et al.; In the Supreme Court of Texas

Gravely Represented: Christi Bay Temple

Legal Cite: Christi Bay Temple v. GuideOne Specialty Mut. Ins. Co., 330 S.W.3d 251 (Tex. 2010)

Case Summary: This unanimous Court held that the corporate identity of the insured qualified it as properly insured its policy for property damage.

Supreme Court Decision: Decision without published opinion

Style: Cause No. 09-0488; State Farm Lloyds vs. Ramon and Anita Garcia; In the Supreme Court of Texas

Gravely Represented: Ramon Garcia

Legal Cite: State Farm Lloyds v. Garcia, No. 09-0488, 2010 Tex. LEXIS 56 (Jan. 15, 2010)