- June 2009
DALLAS --- The law firm of Hiersche, Hayward, Drakeley & Urbach, P.C. has announced an enhancement to the firm’s services in its commercial litigation and hospitality related practices with the addition of veteran attorney Craig A. Harris. Joining the firm as Of Counsel, Mr. Harris is a well-respected, Martindale-Hubbell AV®-rated trial attorney, with more than 20 years of experience representing large and small businesses, as well as individuals.
To view the full release, please click here
- February 2008
The law firm of Hiersche, Hayward, Drakeley & Urbach, P.C., is announcing the addition of veteran attorney Kevin J. Keith to lead the firm's growing practice in Appellate Law. Joining the firm as Of Counsel, Mr. Keith's practice will focus on providing counsel in a wide range of litigation support and civil appellate law matters, including the handling of all State and Federal appeals.
To view the full release, please click here
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Dec. 8, 2008
Dallas Appeals Court Rules In Favor of Contractor in Insurance Dispute
DALLAS - The Fifth District Court of Appeals has ruled in favor of Fort Worth-based contractor Thos. S. Byrne, Ltd., finding that Trinity Universal Insurance Company and other insurers owed a defense to the contractor against claims of defects and resulting property damage related to the construction of the Dallas Maple Villas apartment complex.
The ruling stems from underlying litigation filed by Mercantile Safe Deposit & Trust Co. in 2001 against Byrne and several other subcontractor defendants, alleging more than $30 million in property damage claims. That lawsuit alleged water damage at the complex was caused by defective construction prior to completion of the complex in 1999, which Mercantile did not promptly discover.
"To resolve this appeal the court applied the recent Texas Supreme Court's landmark decision in Don's Building Supply, Inc. v. OneBeacon Ins. Co., which held that the duty to defend is triggered based on when the actual injury occurred, not when the property damage manifested or was discovered," says attorney Kevin J. Keith of Dallas' Hiersche, Hayward, Drakeley & Urbach, who represented Byrne in the appeal. "In this case we were able to demonstrate to the court that the alleged property damage arising from the subcontractors' defective work potentially occurred during the policy periods in question."
The appellate court remanded the case to the 44th District Court in Dallas for further proceedings.
For additional information or to speak with Mr. Keith on this matter, contact Barry Pound, 214-559-4630 or barry@androvett.com.
