Amy Elizabeth Stewart

Attorney Profile

Top Rated Insurance Coverage Attorney in Dallas, TX

Amy Stewart PC
 | 5307 E. Mockingbird Lane, Suite 425
Dallas, TX 75206
Phone: 214-233-7076
Selected to Super Lawyers: 2009 - 2017
Selected to Rising Stars: 2007
Licensed Since: 1992
Practice Areas:
  • Insurance Coverage
Attorney Profile

Amy Elizabeth Stewart is an experienced, AV-rated* lawyer, who handles complex insurance coverage and bad faith disputes exclusively for policyholders. Ms. Stewart has experience handling coverage disputes arising from specialty liability policies, including director and officers liability, cyber, fiduciary liability, errors and omissions, employment pratices liability and other professional liability policies. She also regularly advises her clients on insurance and coverage matters including policy procurement and renewal issues, policy interpretation, claims handling, and resolution strategies.

Engaged early, Ms. Stewart is often able to help her clients avoid litigation through strategic pre-suit negotiations. In those cases that cannot be resolved without litigation, she is an effective advocate in the courtroom, able to master the facts, sort through the complexities, streamline the evidence to tell a compelling story and leverage the strengths of the case to achieve the best possible outcome.

*AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.

 
Practice Areas

Insurance Coverage (100%)

Insurance Coverage (100%): Insurance

Focus Areas

Insurance Coverage: Insurance

Selections

Selected to Super Lawyers for 9 yearsmiddle-imageSelected to Rising Stars for 1 years

Super Lawyers: 2009 - 2017 Rising Stars: 2007

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Articles about Amy Elizabeth Stewart appearing in Super Lawyers

About Amy Stewart

Admitted 1992, Texas

Professional Webpage: www.amystewartlaw.com/amy-stewart.html

Honors and Awards:

  • Elected to the American College of Coverage and Extracontractual Counsel, 2013
  • Named one of the Best Lawyers in Dallas: Insurance Law (2012 – 2015) by D Magazine
  • Texas Bar Foundation, Fellow
  • Rated AV® Preeminent™ 5.0 out of 5 (Peer Review Rating) by Martindale-Hubbell®

Bar/Professional Activity:

  • U.S. District Court Western District of Texas
  • U.S. District Court Eastern District of Texas
  • U.S. District Court Southern District of Texas
  • U.S. District Court Northern District of Texas
  • U.S. Court of Appeals 5th Circuit
  • State Bar of Texas, Member
  • American Bar Association, Member
  • Dallas Bar Association, Member
  • Texas Bar Foundation, Fellow
  • Professional Liability Underwriting Society

Pro bono/Community Service:

  • Attorneys Serving the Community, Leadership Member
  • Heart House Dallas, Board of Directors

Scholarly Lectures and Writings:

  • Texas Insurance Coverage Litigation, the Litigator’s Practice Guide, written by Amy Elizabeth Stewart, is published annually by Texas Lawyer Books and ALM

Representative Clients:

  • Represented CIGNA in federal district court and before the Fifth Circuit in the landmark ERISA preemption case decided by the United States Supreme Court in 2004, CIGNA Healthcare of Texas, Inc. v. Ruby Calad, 542 U.S. 200, 2004
  • Represented leading accounting firm in litigation initiated by professional golfer, who alleged errors and omissions in provision of tax planning services; reduced both potential exposure and defense costs through voluntary discovery and an early mediation facilitated by experts, which resulted in an advantageous settlement
  • Substantially reduced client's liability based on careful analysis of coverage issues and close monitoring of defense costs when governmental investigations commenced against a major international supermarket and foodservice operator in connection with alleged securities fraud and the impact of the alleged fraud on employer stock held by employee benefit plans
  • Defeated opposing party's petition for review in Texas Supreme Court by handling briefing on the merits in case presenting the issue of whether the fortuity doctrine (no insurance coverage for known or in-progress losses) precludes the duty to defend in Texas—Warrantech Corp. v. Steadfast Ins. Co., 210 S.W.3d 760 (Tex. App.—Fort Worth 2006, pet. denied)
  • Represented property insurer in large, multi-party lawsuit against city transit authority and its construction contractors, asserting claims for breach of contract, violations of the Texas Water Code, and inverse condemnation arising from flooding of downtown streets and a high-rise office building and damages caused by an electrical fire that ensued; case settled after being called to trial
  • Won construction arbitration representing specialty concrete contractor who was alleged to have performed faulty work, involving breach of contract and deceptive trade practice claims; arbitrator denied plaintiff's claim in its entirety
  • Won jury trial on behalf of plaintiff in breach of contract case alleging that defendant overstaffed nursing home facilities with unnecessary temporary workers and billed for unnecessary services that were not reimbursable under applicable guidelines
  • Won summary judgment on behalf of excess D&O insurer; underlying plaintiff sought to recover from nonprofit D&Os more than $150 million in alleged damages ($20 million in combined policy limits)—In re Fort Worth Osteopathic Hospital, Inc., 387 B.R. 706 (Bankr. N.D. Tex. 2008)
  • Before limiting her practice to representation of policyholders exclusively, won summary judgment on behalf of fiduciary liability insurer in a case involving alleged damages in excess of $30 million—Mary Kay v. Federal, 2007 U.S. Dist. LEXIS 88583 (N.D. Tex., August 14, 2007); preserved district court's judgment on appeal in the Fifth Circuit
  • Obtained settlement for 100% of unpaid claim for theft on high-net-worth homeowners policy; filed lawsuit against insurance company and settled before an answer was filed
  • In connection with litigation against insured directors and officers alleging a Ponzi scheme and related SEC and DOJ investigations, negotiated a creative settlement on behalf of insureds where D&O policy proceeds were insufficient to cover anticipated liability exposure and expected defense costs
  • Won summary judgment on behalf of a college sued for tortious interference with business opportunities, breach of contract and defamation (inter alia) by establishing that the lawsuit against the insured alleged an "advertising injury" covered by its commercial general liability policy—KD Studio, Inc. v. Maryland Casualty, Civil Action No. 3:10-cv-01110-L, in the US District Court, Northern District of Texas, Dallas Division (under seal)
  • Secured payment of all defense costs, indemnity for a significant settlement and 18% interest for late payment of claim on behalf an architect sued for copyright infringement; insurer denied coverage based on copyright infringement exclusion in a professional liability policy, but an endorsement confused the issue and created coverage for the lawsuit; matter fully resolved without litigation

Educational Background:

  • Liberty University, B.S. in Political Science, magna cum laude, 1989

Industry Groups

  • Insurance
  • Comments

    • “Amy Stewart is an expert on all things insurance coverage related. She is my go-to attorney when I have insurance coverage issues. I have worked against her in two large matters. She is simply brilliant.”
    • “Amy Stewart knows insurance! Amy has represented insurers and policyholders. She writes cutting-edge articles on insurance coverage topics, and I can count on her expertise in insurance coverage work.”
    • “Amy hits every element of Super Lawyer. She is an excellent and passionate advocate. She participates in all aspects of the bar. She is ethical but tough.”
    • “Amy Stewart knows insurance. For years, she represented insurers in complex cases. Now, she brings her experience to policy holders of all types. She tirelessly writes and speaks on the subject - elevating everyone's knowledge of the insurance coverage field. She also collaborates very well with lawyers who represent the policy holders in the dispute that gave rise to the claim with the insurer. Amy Stewart's knowledge and integrity makes her a clear Texas Superlawyer.”
    • “Amy is a stellar lawyer, and one of the best insurance coverage specialists in town. She literally wrote "the book" on insurance coverage for Texas litigators. Not only is her legal work top notch, she's a fun and generous person, too, devoting countless hours to the legal community and various charitable organizations.”

    These comments were made by fellow attorneys during the annual nomination process.

    Office Location for Amy Elizabeth Stewart

    5307 E. Mockingbird Lane
    Suite 425
    Dallas, TX 75206

    Phone: 214-233-7076

     

    Amy Elizabeth Stewart:

    Last Updated: 1/25/2017

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