David J. Metzler

David J. Metzler: Attorney with Cowles & Thompson A Professional Corporation AV stamp icon
Attorney Awards

Biography

Practice Emphasis
David J. Metzler is a Shareholder and Section Head of the Cowles & Thompson Coverage and Insurance Litigation Practice Group. His practice is devoted to tort, commercial and insurance coverage issues. He also advises clients on insurance and entertainment law. David also has significant experience litigating real estate disputes.

News, Publications & Speaking Events

Publications

•Toxic Mold Litigation, ABA Tort Trial and Insurance Practice Section, June 2003 (Author of “Mold and Insurance Coverage” chapters) (Co-Author)
•Mold Claims: Claims Tips and Coverage Issues, Journal of Insurance Coverage (Winter 2002).
•Keeping the Faith: Avoiding Pitfalls of Insurance Claim Handling in Texas (A Bad Faith Manual), Cowles & Thompson, April 2001
•Personal Automobile Insurance Coverage Manual, Cowles & Thompson, September 2000
•Mastering Real Estate Titles and Title Insurance in Texas, National Business Institute (March 1995) (Co-Author)
•Collection Law in Texas ( Mortgages ), Lorman Education Services (April 1995) (Co-Author and Speaker)
•Judiciary Report, TLTA News, Vol. 23, No.2 (Spring 1994) (Contributing Author)
•Judiciary Report, TLTA News, Vol. 23, No.1 (Fall 1993) (Contributing Author)

Speaking Engagements

•“Litigation of UM/UIM Cases,” Presented to GEICO Insurance, Dallas, Texas June 2006
• Texas Law Update: What’s Happening Now?” Presented to AIGDC, Inc. Excess Casualty Group, New York November 2005
•American Bar Assoc., Tort Trial and Insurance Practice Section, Toxic Torts and Environmental Law Committee, “Mold Litigation and Other Emerging Issues in Toxic Tort and Environmental Law,” Phoenix, March 2003 (Panel Member: “Toxic Mold and Insurance Coverage Issues”)
•Cowles & Thompson, “The Philistines Are Still at the Gate: Texas Bad Faith and Coverage 2003” Dallas, September 2003
•Cowles & Thompson, “Survival of the Fittest: Texas Bad Faith and Coverage 2002” Dallas, August 2002
•Cowles & Thompson, “Handling Mold Claims: Claims Tips and Coverage Issues” Dallas, April 2001
•Cowles & Thompson, “Supreme Court Review” Dallas, December 2000

Awards & Honors

In 2017, David Metzler was listed in Best Lawyers as one of The Best Lawyers in America in the field of Insurance Law.

In 2013, David Metzler was recognized by D Magazine in the Best Lawyers in Dallas magazine in the field of Insurance Law.

Since 2009, David has been selected by Thomson Reuters Super Lawyers as a Texas Super Lawyer in the field of Insurance Coverage law.

Areas of Practice (10)

  • Commercial / Business Litigation
  • Construction
  • Coverage and Insurance Litigation
  • Oilfield Injury Litigation
  • Premises Liability
  • Product Liability
  • Professional Liability
  • Real Estate Litigation
  • Sports and Entertainment Law
  • Tort Litigation

Education & Credentials

Contact Information:
214.672.2167  Phone
214.672.2367  Fax
www.cowlesthompson.com
University Attended:
University of Texas at Arlington, B.A., 1987
Law School Attended:
Southern Methodist University School of Law, J.D., 1990
Year of First Admission:
1990
Admission:
U.S. District Court, Northern District of Texas; U.S. District Court, Western District of Texas; U.S. District Court, Southern District of Texas; U.S. Court of Appeals for the Fifth Circuit; U.S. District Court, Eastern District of Texas; 1990, Texas; United States Supreme Court
Memberships:

MEMBERSHIPS & AFFILIATIONS

•Member, State Bar of Texas
•Member, Claims and Litigation Management Alliance
•Member, Certified Litigation Management Professional
•Member, Defense Research Institute (2000-2010)
•Member, Dallas Bar Association
•Advisory Council, St. Thomas Aquinas Catholic School (2004-2007)
•Commissioner, City of Dallas Environmental Health Commission (2007-2011)

Reported Cases:
Experience: Aug 25, 2014 - In August of 2014, David obtained a dismissal of all claims asserted against his client through summary judgment. David was defending his client in a business litigation matter from claims for libel, slander and business disparagement as well as claims for interference with existing prospective business relationships.; Oct 29, 2010 - After a three day trial in El Paso, David Metzler received a jury finding in favor of our client, a real estate agency from California, accused of misconduct in connection with real estate investments in El Paso. The Plaintiff sought damages in excess of $650,000.; Sep 25, 2008 - In September 2008, David Metzler defended an insurance agent and agency in a suit alleging the agent failed to procure an insurance policy. The jury found for the Defendants, determining the Plaintiff was 100% negligent. David Oliveros assisted at the trial.; Oct 24, 2006 - David Metzler successfully argued an appeal before the United States Fifth Circuit Court of Appeals, with briefing by David Johnson. The case arose out of a claim for injuries to a child left in a day care center van on a hot summer day. The firm's client provided general liability insurance for the day care center. The issue was whether the claim was covered by the day care's general liability policy or its automobile insurance policy. The District Court granted summary judgment for the firm's client, and this order was affirmed by the Fifth Circuit, which held that the injuries arose out of the use of an automobile. Lincoln General Insurance Company v. Aisha's Learning Center, ____ F.3d ____, (5th Cir. 2006)(Cause No. 05-10981; Opinion issued October 24, 2006).; May 15, 2006 - David Metzler, chair of the Firm's Insurance Coverage and Litigation Practice Group, recently obtained a victory on appeal for an insurance carrier accused of bad faith in handling a workers' compensation claim. In one week in January of 2005, Mr. Metzler obtained summary judgment in two separate bad faith lawsuits against an insurance carrier. One plaintiff elected not to appeal; the second appealed, but the appellate court was convinced summary judgment was the appropriate action.; Representative Matters; Continental Cas. Co. v. N. Am. Capacity Ins. Co., 683 F.3d 79 (5th Cir. 2012) (representing insurer in successful action by excess carrier to recover defense costs from primary insurers that improperly denied coverage).; Philadelphia Indem. Ins. Co. v. Creative Young Minds, Ltd. D/B/A Primrose School of Walnut Creek, 679 F. Supp. 2d 739 (N.D. Tex. 2009) (successfully defended insurance carrier's denial of coverage).; All Saints Catholic Church v. United Nat'l Ins. Co., 257 S.W.3d 800 (Tex.App. -- Dallas 2008, no writ) (successfully defended property insurer in coverage dispute involving more than one cause of property damage).; Lincoln General Ins. Co. v. Aisha's Learning Center, 468 F. 3d 857 (5th cir. 2006) (successfully represented insurer in suit arising out of denial of coverage based upon auto exclusion in CGL policy); American Home Assur. Co. v. United Space Alliance, LLC, 378 F. 3d 482 (5th Cir. 2004) (represented primary and excess carrier at trial of claim for wrongful refusal to defend); Southstar Corp. v. St. Paul Surplus Lines. Ins. Co., 42 S.W.3d 187 (Tex. App. -- Corpus Christi 2001, no pet.) (successful defense of insurer in advertising injury coverage and bad faith dispute); St. Paul Fire & Marine Ins. Co. v. Convalescent Services, Inc., 193 F.3d 340 (5th Cir. 1999) (represented insurer in decision limiting insurer's Stowers duty); Gracida v. Tagle, 946 S.W.2d 504 (Tex. App. -- Corpus Christi 1997, orig. proceeding) (represented insurer, real party in interest); Williams v. Land Title Co. of Dallas, 1997 LEXIS 2098 (Tex. App. -- Dallas 1997, no writ history) (represented Appellee); St. Paul Fire & Marine Ins. Co. v. American Int'l Surplus Lines Ins. Co., 1997 LEXIS 4596 (N.D. Tex. 1997)
ISLN:
904834503

Peer Reviews

  • 5.0/5.0
  • High ethical standing icon
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.

*Peer Reviews provided before April 15, 2008 are not displayed.

Affiliations

CLM

Dallas, Texas

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