Mr. Rubarts also draws upon his litigation experience to counsel clients with respect to insurance matters. He routinely assists clients with insurance audits and review of proposed policies at renewal time. In this way, Mr. Rubarts’ clients are able to identify and avoid many of the coverage traps that might otherwise lead to litigation.
A sampling of the cases that Mr. Rubarts has handled is as follows:
Represented an off-shore oil & gas company seeking to recover in excess of $40 million in wreck removal costs against its excess insurer;
Represented a Diocese and individuals seeking defense costs from their insurer related to litigation resulting from the Diocese's withdrawal from the Episcopal Church;
Represented a leading trial lawyer whose insurer refused to pay all defense costs, claiming the fees related to the lawyer's affirmative claims;
Represented multiple individuals and organizations seeking defense and indemnity under directors & officers insurance policies;
Represented multiple organizations seeking to recover under their commercial property policies for lost and damaged property and business interruption losses;
Represented multiple professionals seeking defense and indemnity under their professional liability or errors and omissions policies;
Represented multiple organizations seeking defense and indemnity under their commercial general liability policies;
Represented multiple individuals in connection with disability insurance issues;
Represented multiple policy-holders who were improperly exposed to liability in excess of their insurance coverage when the insurance company delayed settling within policy-limits;
Presented an amicus brief to the Texas Supreme Court in Lamar Homes, Inc. v. Mid-Continent Casualty Co., supporting policyholder's rights under Texas Insurance Code 21.55 if an insurer breaches its duty to defend.
Complex Business Litigation, Including Consumer Class Action Cases
Defended a company in a class action in which the plaintiff class sought in excess of $1.5 billion in damages. The case broke new ground by arranging for the entire settlement fund (as opposed to only the unclaimed or some other part of the funds) to be distributed cy pres.
Defended a company against claims brought by a putative class of individuals and businesses who possessed the same claims as a certified class, but who had been excluded from the class definition.
Defended a company in a class action against claims that its product - its only product - was defective.
Defended a company in a class action whose business plan allegedly ran afoul of state law.
Defended corporate directors who were accused of breaching their fiduciary duties by taking more in severance and other payments than that to which they were entitled under their employment agreements.
Defended a major oil and chemical company against claims involving patents, trade secrets, the validity of employee secrecy agreements, the right to royalties on patents, defamation of character, infliction of emotional distress, civil conspiracy and breach of fiduciary duty in which the plaintiff sought in excess of $500 million.
Defended a computer manufacturer in a $100 million product liability/wrongful death suit involving the death of a young mother and serious burns to children.
Defended a property owner and commercial real estate company in a multi-million dollar lease dispute involving zoning and other municipal laws.