Mostyn Law wins appeal against insurer
The court rejected National Lloyds' contention that a Mostyn Law attorney had a conflict of interest, only because she previously worked for a law firm that had represented the insurer.
The ruling is significant because it is the first state case to make clear that, except in only a few instances, clients have the right to choose the attorney they want to represent them, regardless of prior affiliation.
"This ruling protects a person's right to choose the lawyer they want," said
The evidence showed that the Mostyn attorney,
The opinion, signed by signed by Justice
The appeals court upheld State District Judge
In March and
Mostyn Law, representing hundreds of Texans, has accused National Lloyds of unfair settlement practices and other abuses of its policyholders who suffered damage in hailstorms around the state. Mostyn Law said National Lloyds filed its motion to disrupt those legal efforts by going after Chapman even though National Lloyds acknowledged she was never involved in its cases at Andrew Kurth.
The appeals court decision not only found that Chapman had no conflict in taking on hailstorm clients at Mostyn Law, but it singled out National Lloyds for how it handled its filings. The court noted that after the insurer learned that Chapman was working at Mostyn Law, National Lloyds waited months before asking the trial court judge to rule on possible conflicts. After the trial judge ruled against National Lloyds, the insurer again waited months before appealing the decision to the higher court.
The appeals court pointed to these delays and said, "National Lloyds was not acting with alacrity to avoid any negative consequences arising from Chapman's employment with" Mostyn Law on the cases. "These circumstances raise a significant concern."
"National Lloyds used flawed legal arguments to attack a lawyer representing Texans. National Lloyds wants Mostyn Law out of these cases. If our clients want us, we're not going anywhere,"
For more information and copies of the court filings – styled Cause No. 13-15-00521-CV - contact:
[email protected]
713-714-0000 (office)
713-443-9421 (cell)
About Mostyn Law
The
Steve, a graduate of the
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SOURCE Mostyn Law
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