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Patrick M. Kemp

Shareholder | pkemp@smsm.com
Shareholder | Austin, TX
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Patrick Kemp is a shareholder in the firm’s Austin, Texas office and serves as Chair of the firm’s Insurance Coverage/Bad Faith Practice Group. Mr. Kemp represents insurance companies in insurance coverage and bad faith litigation arising out of a broad range of commercial and personal lines claims.  He has extensive experience serving as lead counsel in first-party insurance lawsuits defending breach of contract, bad faith, and statutory extra-contractual claims throughout the State of Texas.

Mr. Kemp is an active member of several professional organizations including the State Bar of Texas Insurance Law Section, the Claims and Litigation Management Alliance, and the Texas Association of Defense Counsel.

Honors

  • Selected for inclusion in the Texas Super Lawyers Rising Stars list (no more than 2.5% of lawyers in the state under the age of 40 are selected), nominated and selected by peers in the legal community (2009-2014)

Professional & Civic Involvement

  • State Bar of Texas, Insurance Law Section
  • Claims and Litigation Management Alliance
  • Texas Association of Defense Counsel
  • Declaratory judgment for commercial automobile insurer finding no coverage for $17.5 million dollar underlying judgment and granting summary judgment on Stowers and Texas Insurance Code counterclaims brought by judgment creditors. Scottsdale Insurance Company v. All Citizens Transportation, LLC, No. 4:19-CV-010-SDJ, 2020 WL 1974253 (E.D. Tex. Apr. 24, 2020).
  • Obtained conditional writ of mandamus directing trial court to grant automobile insurer’s motion to abate severed bad faith and other extra-contractual claims. In re Colonial County Mutual Insurance Company, No. 01-19-00391-CV, 2019 WL 5699735 (Tex. App.—Houston [1st Dist.] Nov. 5, 2019).
  • Summary judgment for homeowners insurer in a bad faith lawsuit arising out of a hail claim. Sadovsky v. Nationwide Property and Casualty Insurance Company, No. SA-18-CV-271-XR, 2019 WL 2165805 (W.D. Tex. May 15, 2019).
  • Judgment on the pleadings and summary judgment for commercial property insurer on bad faith claims under Texas Insurance Code arising out of a claim for wind and hail damage to multiple metal commercial buildings. TBC-JP-LR, JV v. Allied Property and Casualty Insurance Company, No. 4:17-CV-131-Y, 2019 WL 8230825 (N.D. Tex. Apr. 12, 2019).
  • Defense verdict for commercial property insurer in a bad faith lawsuit arising out of a wind claim to a ranch property (U.S. District Court, Northern District of Texas, Lubbock 2019).
  • Summary judgment for commercial property insurer on bad faith and Texas Insurance Code claims arising out of wind and hail damage to a convenience store. JNH Holding, Inc. v. Nationwide Property and Casualty Insurance Company, No. 4:16-CV-00866, 2017 WL 4347683 (E.D. Tex. Sept. 29, 2017).
  • Obtained order finding fraudulent misjoinder of fire suppression system contractor to bad faith lawsuit arising out of business interruption claim by a commercial food product company. JYC Enterprises, Inc. v. Allied Property and Casualty Insurance Company, 230 F.Supp.3d 734 (S.D. Tex. 2017).
  • Defense verdict for automobile insurer in trial of Texas Deceptive Trade Practices Act claims arising out of a premium dispute with a policyholder (County Court – Bexar County, Texas 2016).
  • Summary judgment for homeowners insurer in a bad faith lawsuit arising out of a sewage backup claim dispute. Durrett v. Nationwide Property and Casualty Insurance Company, No. A-14-CA-167-SS, 2015 WL 1564783 (W.D. Tex. Apr. 7, 2015).
  • Defense verdict for mortgage lender in lawsuit over construction funding (County Court – Harris County, Texas 2015).
  • Summary judgment for commercial property insurer in a bad faith lawsuit related to the applicability of an anti-concurrent causation clause in a foundation damage claim. Bilotto v. Allied Property and Casualty Insurance Company, 79 F.Supp.3d 660 (W.D. Tex. 2014)
  • Obtained dismissal of Texas Insurance Code claims against adjuster establishing improper joinder. Messersmith v. Nationwide Mutual Insurance Company, 10 F.Supp.3d 721 (N.D. Tex. 2014).
  • Defense verdict for insurer in an arson trial. Weidner v. Nationwide Property and Casualty Insurance Company, 74 F.Supp.3d 814 (E.D. Tex. 2014).
  • Summary judgment for homeowners insurer on the insureds’ statutory bad faith and extra-contractual claims in plumbing and dwelling foundation claim dispute. Walker v. Nationwide Property and Casualty Insurance Company, 992 F.Supp.2d 703 (W.D. Tex. 2014).
  • Directed verdict for automobile insurer in a bad faith jury trial (District Court - Travis County, Texas 2013).
  • Defense verdict for national commercial mat distributor in catastrophic personal injury lawsuit affirmed on appeal to the Fifth Circuit. Farmer v. Home Depot U.S.A. Incorporated, 487 Fed.Appx. 916 (5th Cir. 2012).
  • Summary judgment for commercial property carrier in a bad faith lawsuit related to Hurricane Ike damage to insured’s apartment complex. Sterling Equities, Inc. v. Chubb Custom Insurance Company, 806 F.Supp.2d 1004 (S.D. Tex. 2011).
  • Summary judgment for commercial general liability insurer in lawsuit brought by insured construction subcontractor seeking to recover defense costs and indemnity in construction defect lawsuit. Building Specialties, Inc. v. Liberty Mutual Fire Insurance Company, 712 F.Supp.2d 628 (S.D. Tex. 2010).
  • Summary judgment on business income loss claim by consulting company following Hurricane Katrina. Rimkus Consulting Group, Inc. v. Hartford Cas. Ins. Co., 552 F. Supp. 2d 637 (S.D. Tex. 2007).
  • Judgment rendered on appeal for excess commercial insurer on claim of liability under Motor Carrier Safety Act MCS-90 endorsement. Wells v. Gulf Insurance Company, 484 F.3d 313 (5th Cir. 2007).

Speaking Engagements

“First-Party Property Claims – From Claim to Trial,” State Bar of Texas Advanced Insurance Law Conference, San Antonio, Texas (June 2018)

“Managing Disputes Among Liability Carriers,” Webinar (December 2012)

“Homeowners Claims: Roofers and Unlicensed Public Adjusters,” Central Texas Insurance Seminar, San Antonio, Texas (November 2012)

“Bad Faith in Liability Insurance,” Property Loss Research Bureau/Liability Insurance Research Bureau Western Regional Adjusters Conference, Austin, Texas (October 2009)

Articles & Publications


Education

University of Houston Law Center, J.D. (2003)

Sam Houston State University, B.B.A., summa cum laude (2000)

Admissions

  • Texas, 2004
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Supreme Court