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Werner A. Powers

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, 75219
T +1 214.651.5581
F +1 214.200.0662

Áreas de Practica

Educación

  • J.D., University of Texas at Austin School of Law, 1976, with honors; Order of the Coif and Moot Court
  • B.A., Southern Methodist University, 1973, with honors

Bar Admissions

  • Texas
Werner A. Powers

Werner Powers has more than 35 years of litigation experience. Werner founded the insurance coverage section of Haynes and Boone more than 22 years ago, and now he has expanded his trial practice to include a broad spectrum of complex litigation matters. Werner’s practice extends to insurance coverage, insurance torts, securities, RICO, and large contract disputes.

Representative Experience

  • Insurance counsel for Anadarko in resolution of class action securities case in S.D.N.Y.
  • Trial counsel for litigation trust seeking more than $14 billion.
  • Trial counsel for Adams Golf on director and officers insurance claims settled for $2.5 million more than policy limits.
  • Trial counsel and argued before U.S. Supreme Court for Margaret Hill and Hunt Trusts in successful prosecution of coverage case involving more than $100 million in bonding obligations.
  • Secured major policyholder decision for Southwestern Bell in the Texas Supreme Court, reversing both lower court decisions.
  • Trial counsel for international power plant developer achieving verdict for more than $5 million and settlements in that and other cases for the client for more than $30 million.
  • Trial counsel for division of National Oilwell Varco resulting in plaintiff verdict more than $6 million against insurance brokers.
  • Trial counsel for the Canadian Olympic Association resulting in multi-million dollar settlement against insurance carrier.
  • Trial counsel in more than $50 million in verdicts/judgments for RICO, fraud, securities fraud and insurance torts.
  • Trial counsel in multi-million dollar coverage litigation involving coverage related to:
    • Employment-related claims
    • Sexual abuse claims
    • Securities claims
    • Explosion and business interruption claims
    • Nursing home wrongful death claims
    • Environmental superfund clean-up and property damage claims
    • Toxic tort claims
    • Contingency policies
    • Claims against directors and officers

Professional Recognition

  • Recognized as a Texas Super Lawyer - Insurance Coverage, General Litigation, Class Action/Mass Torts
  • Recognized as one of The Best Lawyers in America - Insurance Law (2007-2013)
  • Recognized by Chambers USA 2009-2012 as one of the leading practitioners in the United States for Insurance
  • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™

Selected Representative Experience


Represented Litigation Trust Formed in the Bankruptcy of National Telephone Directory Publisher in Lawsuit Against Publisher’s Former Parent Company
Assisted with discovery and trial preparation on behalf of a litigation trust formed for a national telephone directory publisher in a lawsuit seeking to recover multiple billions of dollars in damages arising from the spin-off of the publisher from its former parent company, a national broadband and telecommunications company.

Fraudulent Transfer and Promoter Fraud Case
Assisted with post-trial briefing in fraudulent transfer and promoter fraud case.

Kurt Torster & GEA Group v. Panda Energy Mgmt., No. 07-10-0442-CV, 2011 Tex. App. LEXIS 1628 (Tex. App.-Amarillo Mar. 7, 2011, pet. denied)
Persuaded the court of appeals to affirm the trial court's refusal to compel arbitration where none of the litigants were signatories to the contract containing the arbitration provision and plaintiffs' tort claims arose from conduct that occurred prior to the execution of the contract. Convinced the Texas Supreme Court to deny review after full briefing.

General Parts, Inc. v. Internet AutoParts, Inc. et al., in the United States District Court for the Western District of Texas - Austin Division, 2009
Represented a major automotive parts retailer in a lawsuit in which the retailer claimed defendants committed breaches of fiduciary duty, fraud and other harmful acts in connection with a failed joint venture to sell automotive parts over the Internet.

Multi-Million Dollar Recovery - Major Texas Energy Producer
Represented a developer of power plants seeking to recover more than $200 million in damages from defendants the developer claimed committed breaches of fiduciary duty and contract, fraud and other harmful acts in connection with a partnership to develop and manage power plants.

Grey Global v. CROSSMARK, No. 116004/2006 (N.Y. Sup. Ct., April 6, 2007)
In the New York Supreme Court, Commercial Division, obtained full dismissal of a contract and fiduciary duty lawsuit in deference to the first-filed action in Texas.

National Development & Research Corp. v. Panda Global Energy Co., No. 05-00-00820-CV, 2002 WL 1060483 (Tex. App. - Dallas, May 29, 2002, pet. denied) (mem. op.)
In a case in which a power plant developer obtained declatory relief and defended against contract claims asserted by a consulting firm, successfully defended a judgment awarding the developer more than $400,000 in attorneys' fees.

Memberships

  • American Bar Association
  • Former co-chair of the ABA Section on Bad Faith Insurance Litigation
  • State Bar of Texas
  • Dallas Bar Association

Online Publications

04/14/2011 - Trial Strategies in Insurance Coverage Lawsuits: Practical Advice for Policyholder Lawyers
Trying insurance coverage cases is exciting and rewarding. The insured has often endured a stressful event and then a protracted insurance coverage dispute. The insured purchased insurance to protect it from the unexpected. When the unexpected occurred, the insured called on its insurer and the insurer did not answer. Trying insurance coverage cases gives you an opportunity to help right a wrong.

11/30/2010 - Insurance Coverage for Insider Trading Claims
The FBI and the SEC are in the final stages of an unprecedented three-year investigation into insider trading by consultants, investment bankers, hedge-fund and mutual-fund traders, and analysts. Those responding to subpoenas, investigations or claims arising out of the government’s insider trading probe should look to directors and officers (“D&O”) or errors and omissions (“E&O”) liability insurance for coverage for defense costs and, in some cases, settlements or judgments arising out of insider trading claims.

01/27/2010 - Federal Court Issues Injunction Requiring Insurer to Advance Defense Costs to Stanford Financial Defendants for DOJ and SEC Proceedings
Yesterday, January 26, 2010, Judge David Hittner of the United States District Court for the Southern District of Texas issued an important opinion in the Stanford Financial case that paves the way for targets of criminal and civil enforcement proceedings to obtain insurance coverage for costs of defending themselves. The decision marks a significant victory for executives who have the misfortune of being caught up in a government prosecution and find themselves otherwise unable to fund their defense.

12/22/2009 - Weathering the Storm: Insurance Coverage and Insolvency: Maximizing Recovery In Bankruptcy
While memorable for many things, 2009 may long be remembered as a year of record corporate insolvency. Now more than ever, it is crucial that debtors, creditors, trustees, and, indeed, anyone with an interest in maximizing the financial resources on hand to satisfy debts, understand (1) what coverage may potentially be available; and (2) how to gain access to and maximize this important financial resource.

04/20/2009 - Finding the Silver Lining: General Liability Coverage For FHA/ADA Claims
Over the past several years, developers and owners of multifamily housing have been the targets of numerous lawsuits filed by government enforcement agencies, including the United States Department of Justice, private disability rights organizations, and individuals alleging violations of the Fair Housing Act (the “FHA”) and Americans with Disabilities Act (the “ADA”). The “damages” and attorneys’ fees claimed by plaintiffs in these lawsuits, including the cost to modify existing buildings to comply with applicable accessibility guidelines, have created significant financial exposure to the multifamily housing industry.

04/20/2009 - Texas Supreme Court Rejects Insurer’s Late Notice Defense Under a Claims-Made Policy
In Prodigy Communications Corp. v. Agricultural Excess & Surplus Insurance Co., the Texas Supreme Court held late last month that, “[i]n a claims-made policy, when an insured notifies its insurer of a claim within the policy term or other reporting period that the policy specifies, the insured’s failure to provide notice ‘as soon as practicable’ will not defeat coverage in the absence of prejudice to the insurer.”

09/19/2008 - Weathering the Storm: Insurance Recovery Following Hurricane Ike
This news alert is a practical guide from Haynes and Boone, LLP 's Insurance Recovery Practice Group addressing critical steps to obtain insurance recovery for damage and business interruption losses resulting from Hurricane Ike.

05/06/2008 - Mortgage Guaranty Insurance
Escalating defaults relating to the sub-prime mortgage crisis have had a profound impact on domestic and world credit markets. As creditors look to their insurers for recovery of losses on insured loans, it is important for mortgagees, financial institutions and their beneficiaries and assigns to understand their respective rights and obligations under mortgage guaranty insurance and other credit risk insurance policies.

09/07/2007 - Triple Threat--Texas Supreme Court Rejects the Economic Loss Doctrine...
On August 31, 2007 the Texas Supreme Court issued an eagerly awaited opinion Lamar Homes, Inc. v. Mid-Continent Casualty Company, No. 05-0832 (Tex. Aug. 31, 2007) in which it resolved a long-standing controversy between policyholders and insurance carriers as to whether commercial general liability (“CGL”) policies cover property damage resulting from defective workmanship.

09/16/2005 - Hurricane Katrina: Are You Covered?

11/02/2004 - Alleged Collusion between Insurance Carriers and Brokers may Give Rise to Claims by Policyholders

11/01/2004 - Texas Courts Acknowledge Policyholders' Right to Select Defense Counsel