Plaut, David L.

Lawyer Overview

David Plaut graduated from Johns Hopkins University with honors in 1985 and the University of Texas School of Law in 1989. He was articles editor of the Texas Law Review and served as a law clerk for United States District Judge Edward Prado in San Antonio for two years before beginning private practice. David has extensive experience in federal practice and in the insurance bad faith field. His practice focuses on insurance coverage matters, insurance "bad faith" litigation, trial and appellate work. He is admitted to practice before all Texas courts and the U.S. Court of Appeals, Fifth Circuit and U.S. District Courts for Northern, Southern, Eastern, and Western Districts of Texas.

David's publications include: Whose Burden Is It Anyway? Article 21.58 and the Burden of Proving Covered and Non-covered Causes in Property Insurance Cases, 2 J. TEX. INS. LAW (Nov./Dec. 2000) (co-authored); Bad Faith Litigation in Texas and Update of Recent Extra-Contractual Cases, HANDLING INSURANCE AND TORT CLAIMS (University of Houston 1999); The Duty to Defend, Creative Pleadings of "Negligence," and Coverage Issues, INSURANCE BAD FAITH SEMINAR (October 16, 1998); Hot Topics in Homeowner's Insurance: Including Balandran and Insurance Coverage for Residential Foundation Claims, TEXAS INSURANCE LAW SYMPOSIUM (July 30-31, 1998); Trinity v. Cowan: Mental Anguish Is Not "Bodily Injury" and Intentional Torts are Not "Accidents," 61 TEXAS BAR JOURNAL 128 (February 1998); Gandy Busts Up Sweetheart Deals For Good, 60 TEXAS BAR JOURNAL 1112 (December 1997); The Duty To Defend and State Farm v. Gandy , INSURANCE BAD FAITH CLAIMS SEMINAR (Oct. 17, 1997); A Tale of Two Slabs: Sharp, Nicolau and Insurance Coverage for Residential Foundation Claims, TEXAS INSURANCE LAW: FROM NUTS AND BOLTS TO TIPS AND TRICKS (Sept. 11, 1997); Obtaining or Avoiding Summary Judgment in a Bad Faith Case: The "Bona Fide Dispute" Standard for Assessing and Insurer's Handling of a Claim, 3rd ANNUAL ADVANCED ISSUES IN INSURANCE "BAD FAITH" LITIGATION (Oct. 13, 1995); Lyons v. Millers Casualty: The Last Word on the Standard for Assessing Bad Faith in Texas?, 57 TEXAS BAR JOURNAL 832 (Sept. 1994); A Guide to the Local Rules of Texas Federal Courts, 54 TEXAS BAR JOURNAL, 604 (June 1991) (co-authored).

Areas of Practice

• Insurance
• Employment
• Administrative
• Appellate
• General Comercial Litigation
• Bad Faith
• Litigation
• Business & Commercial Law

West Practice Categories

Insurance Law, Bad Faith Insurance, Employment Law -- Employee, Employment Law -- Employer, State Trial Practice, State Appellate Practice, Business & Commercial Law, Litigation & Appeals, Administrative Law

Bar Admissions

• Texas, 1990
• U.S. District Court Northern District of Texas
• U.S. District Court Southern District of Texas
• U.S. District Court Eastern District of Texas
• U.S. District Court Western District of Texas
• U.S. Court of Appeals 5th Circuit

Classes and Seminars

• Trinity v. Cowan: the Duty to Defend, Creative Pleadings of "Negligence," and Coverage Issues, Insurance Bad Faith Seminar, October 16, 1998
• Gandy Busts up Sweetheart Deals for Good, Insurance Bad Faith Claims Seminar
• Hot Topics in Homeowners Insurance: Including Balandran and Insurance Coverage for Residential Foundation Claims, Texas Insurance Law Symposium, South Texas College of Law, July 30, 1998 - July 31, 1998
• Homeowners Insurance, Including the Latest Interpretation issues and Forms, Texas Insurance Law Symposia, South Texas College of Law, November 11, 1999
• The Duty To Defend and State Farm v. Gandy, Insurance Bad Faith Claims Seminar, October 17, 1997
• A Tale of Two Slabs: Sharp, Nicolau and Insurance Coverage for Residential Foundation Claims, Texas Insurance Law: from Nuts and Bolts to Tips and Tricks, September 11, 1997
• Bad Faith Litigation in Texas and Update of Recent Extra-Contractual Cases, Handling Insurance and Tort Claims, September 5, 1997
• Obtaining or Avoiding Summary Judgment in a Bad Faith Case: The "Bona Fide Dispute" Standard for Assessing an Insurer's Handling of a Claim, 3rd Annual Advanced Issues in Insurance "Bad Faith" Litigation, October 13, 1995

Past Employment Positions

• United States District Judge Edward Prado, Law Clerk

Education

• The University of Texas School of Law, Austin, Texas, 1989
  Law Review: Texas Law Review, Articles Editor
• Johns Hopkins University, 1985
  Honors: With Honors

Published Works

• Whose Burden Is It Anyway? Article 21.58 and the Burden of Proving Covered and Non-covered Causes in Property Insurance Cases (Co-authored), 2 J. Tex. Ins. Law, Nov./Dec., 2000
• Bad Faith Litigation in Texas and Update of Recent Extra-Contractual Cases, Handling Insurance and Tort Claims, University of Houston, 1999
• The Duty to Defend, Creative Pleadings of "Negligence," and Coverage Issues, Insurance Bad Faith Seminar, October 16, 1998
• Hot Topics in Homeowner's Insurance: Including Balandran and Insurance Coverage for Residential Foundation Claims, Texas Insurance Law Symposium, July 30-31, 1998
• Trinity v. Cowan: Mental Anguish Is Not "Bodily Injury" and Intentional Torts are Not "Accidents", 61 Texas Bar Journal 128, February, 1998
• Gandy Busts up Sweetheart Deals for Good, 60 Texas Bar Journal 1112, December, 1997
• The Duty to Defend and State Farm v. Gandy, Insurance Bad Faith Claims Seminar, Oct. 17, 1997
• A Tale of Two Slabs: Sharp, Nicolau and Insurance Coverage for Residential Foundation Claims, Texas Insurance Law: From Nuts and Bolts to Tips and Tricks, September, 1997
• Obtaining or Avoiding Summary Judgment in a Bad Faith Case: The "Bona Fide Dispute" Standard for Assessing an Insurer's Handling of a Claim, 3rd Annual Advanced Issues in Insurance "Bad Faith" Litigation, Oct. 13, 1995
• Lyons v. Millers Casualty: The Last Word on the Standard for Assessing Bad Faith in Texas?, 57 Texas Bar Journal 832, September, 1994
• A Guide to the Local Rules of Texas Federal Courts (Co-authored), 54 Texas Bar Journal, 604, June, 1991
• Crown Life v. Casteel, In re Texas Farmers Insurance Exchange, and McCarthy v. Continental, February, 2000
• No Reservation-of-Rights Requirement in First-party Cases
• No Insurance Coverage By Estoppel in Texas
• Bad Faith Litigation Update, Fall, 1999
• Bad Faith Update, Including Dal-Worth, Simmons and Maldanodo, Spring, 1998
• Interpretation of Insurance Contracts in Texas
• Prompt Notice of Claims and the Requirement of Prejudice
• Insurability of Punitive Damages in Texas

Address

Southwest Tower
211 East 7th Street
Suite 600
Austin, TX 78701

Phones

(512) 472-7700

Faxes

(512) 472-0205

Emails

Contact Us

Websites

http://www.hannaplaut.com