Photo of Patrick M. Kemp

Patrick M. Kemp

Shareholder | pkemp@smsm.com
Shareholder | Austin, TX
Related Info +
t. 512.370.1235
f. 512.476.7832
Profile
Practice Highlights
News & Events
Publications

Patrick 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, the Property & Liability Resource Bureau and the Austin Bar Association.

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

  • Austin Bar Association
  • Claims and Litigation Management Alliance
  • Property & Liability Resource Bureau
  • State Bar of Texas, Insurance Law Section
  • Summary judgment for homeowners carrier in bad faith lawsuit related to the carrier's investigation of a sewage backup claim. Durrett v. Nationwide Property and Casualty Insurance Company, _ F.Supp.3d_, 2015 WL 1564783 (W.D. Texas, Austin Div. 2015).
  • Summary judgment for commercial property carrier 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, _ F.Supp.3d _, 2015 WL 241218 (W.D. Texas, San Antonio Div. 2015).
  • Judgment for homeowners carrier following trial in which it was proven that an insured committed arson. Weidner v. Nationwide Property and Casualty Insurance Company, _ F.Supp.3d_, 2014 WL 6427541 (E.D. Texas, Sherman Div. 2014).
  • Judgment for mortgage lender following trial in lawsuit brought by construction contractor. (Montgomery County, Texas 2014)
  • Summary judgment for homeowners insurance carrier on the insureds' statutory bad faith and extra-contractual claims. Walker v. Nationwide Property and Casualty Insurance Company, 992 F.Supp.2d 703 (W.D. Texas, Austin Div. 2014).
  • Arbitration compelled under Federal Arbitration Act on marine insurance carrier's motion related to insurance broker's indemnity claims. Chartis Seguros Mexico, S.A. de C.V. v. HLI Rail & Rigging, LLC., 967 F.Supp.2d 756 (S.D. New York 2013).
  • Directed verdict for automobile insurance carrier granted during jury trial in bad faith lawsuit brought by judgment creditor. (Travis County, Texas 2012).
  • Judgment on jury 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. Texas, Houston Div. 2011).
  • Summary judgment for commercial general liability carrier 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. Texas, Houston Div. 2010).
  • Judgment rendered on appeal for excess commercial motor carrier's insurer regarding excess liability under Motor Carrier Safety Act MCS-90 endorsement.  Wells v. Gulf Insurance Company, 484 F.3d 313 (5th Cir. 2007).

Speaking Engagements

“Managing Disputes Among Liability Carriers,” Martin, Disiere, Jefferson & Wisdom Webinar (December 2012)

“Homeowners Claims: Roofers and Unlicensed Public Adjusters,” Martin, Disiere, Jefferson & Wisdom 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

Sam Houston State University, B.B.A., 2000, summa cum laude
University of Houston Law Center, J.D., 2003

Admissions

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