Amy Elizabeth Stewart

Amy Elizabeth Stewart

Managing Principal

The firm’s founder and managing principal, Amy is one of the preeminent insurance coverage lawyers in Texas and a self-described insurance nerd. She authored the must-have book on insurance coverage litigation for Texas practitioners, Texas Insurance Coverage Litigation, The Litigator’s Practice, published by Texas Lawyer Books and American Lawyer Media (ALM).

Leveraging years of experience as coverage counsel to insurance companies, Amy now exclusively represents corporate policyholders in insurance-related matters. She is fluent in insurance-speak, helping corporations navigate their policies and develop effective strategies for resolving disputes and maximizing recoveries. If a claim can’t be resolved through negotiation, Amy tackles complex insurance coverage litigation with an enthusiasm that can only be described as infectious. She is a master of her craft and an invaluable resource for her clients, obtaining exceptional results through diligent preparation and meticulous attention to detail.

Amy’s insurance expertise and commitment to excellence are consistently recognized by clients and peers alike. She was elected to the American College of Coverage and Extracontractual Counsel in 2013 and is rated AV® Preeminent™ 5.0 out of 5 by Martindale-Hubbell®. Amy has been selected as a Texas Super Lawyer® in insurance coverage by Thomson Reuters every year since 2009, while D Magazine has named her a Best Lawyer in Dallas annually beginning in 2013.

Amy speaks and writes regularly on insurance coverage issues for the State Bar of Texas, the Insurance Coverage Litigation Committee of the American Bar Association Section of Litigation, and other organizations. Her State Bar of Texas accredited course, “Insurance 101: The Fundamentals of Insurance for In-House Counsel,” has been particularly well-received by corporate legal departments. Amy is honored to serve on the State Bar of Texas’ Pattern Jury Charges—Business, Consumer, Insurance & Employment Committee, a three-year commitment she began in 2015 and renewed in 2018. 

Amy is the proud parent of two teenagers and two crazy dogs. She enjoys sharing great food and champagne with friends and traveling with her family.

Education

J.D., University of Virginia School of Law, 1992

B.S., Liberty University, Political Science, 1989, magna cum laude

Court Admissions

State Bar of Texas

U.S. Court of Appeals for the Fifth Circuit

U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas

U.S. District Court for the Eastern District of Michigan

Representative Experience

Results matter. As established by the outcomes she has achieved for her clients, Amy is a tenacious and accomplished advocate. She masters the facts, sorts through the complexities, streamlines the evidence, and leverages the strengths of the case to achieve the best possible outcome. Here are some examples:

  • Engaged by an aerospace manufacturer to handle insurance coverage litigation against commercial property insurers that refused to pay $33 million in business interruption losses resulting from catastrophic flooding
  • Retained as insurance coverage counsel for national security company in negotiations to settle a class action MDL alleging violations of the Telephone Consumer Protection Act and seeking $40 billion in damages; when the CGL and cyber insurers refused to engage in settlement negotiations to resolve the MDL, handled litigation in Texas for failing to settle the case, while managing parallel litigation initiated by insurers in West Virginia; ultimately negotiated separate settlements with the insurers, including intricate indemnity provisions
  • Coverage counsel to a billion-dollar energy producer on various insurance matters, including insurance policy renewals, ongoing strategic advice regarding insurance and indemnity issues that arise under vendor and supplier contracts, and claim assistance and advice regarding a $20 million property damage loss
  • Represented a global technology company in coverage litigation against its commercial general liability and technology E&O insurers to recover more than $90 million incurred defending and settling bet-the-company antitrust litigation; after summary judgment in favor of her client, case settled favorably
  • Led comprehensive insurance policy review and risk assessment for a quasi-governmental entity with annual revenue in excess of $1 billion (cyber, D&O liability, CGL, commercial property, commercial automobile, and workers compensation), including: policy analysis; risk roundtables with subject-matter experts in engineering, IT, marketing, and operations to identify risks the client sought to transfer to its insurers or vendors; analysis of insurance and indemnity requirements in vendor contracts; and coordination with client's brokers, consultants, management, in-house counsel, and risk department to address concerns and make recommendations
  • Represented restaurant industry corporation in coverage litigation against its D&O insurer, seeking recovery of defense costs for appraisal lawsuit 
  • Engaged by Fortune 200 retailer to provide advice on insurance issues in connection with a multistate MDL consumer class action under the client’s own CGL and cyber policies (more than $1 billion in limits) and as an additional insured under its vendors’ CGL policies
  • Coverage counsel to an international retailer, providing advice regarding insurance and claims management issues in connection with litigation managed under large self-insured retentions (SIRs) and regarding rights under indemnity agreements and as an additional insured
  • Represented owner of multiple hotel properties in Dallas and Fort Worth in litigation against commercial property and pollution insurers, seeking recovery of more than $15 million in storm-related losses
  • Engaged by an airline for cyber insurance assessment, including analysis of critical risk scenarios against cyber policies, testing the coverage for each scenario, spotting gaps and limitations on coverage, and making recommendations for consideration by the client and its insurance broker
  • Engaged by a technology company to challenge a cyber insurer’s denial of coverage and secure multimillion-dollar payment of defense costs in high-stakes patent infringement and unfair competition lawsuits; insurance coverage dispute resolved without litigation
  • Secured payment of all defense costs, indemnity for a significant settlement, and 18% interest for late payment of claim on behalf of an architect sued for copyright infringement; insurer denied coverage based on copyright infringement exclusion in a professional liability policy, but an endorsement confused the issue and created coverage for the lawsuit; matter fully resolved without litigation
  • Won summary judgment against a commercial general liability insurer on behalf of a college sued for tortious interference with business opportunities, breach of contract, and defamation by establishing that the lawsuit against the insured alleged an “advertising injury” covered by its CGL policy
  • In connection with litigation against insured directors and officers alleging a Ponzi scheme and related SEC and DOJ investigations, negotiated a creative settlement on behalf of insureds where D&O policy proceeds were insufficient to cover anticipated liability exposure and expected defense costs

Before limiting her practice to representation of policyholders exclusively:

  • Won summary judgment on behalf of fiduciary liability insurer in a case involving alleged damages in excess of $30 million; preserved district court’s judgment on appeal in the Fifth Circuit
  • Won summary judgment on behalf of excess D&O insurer; underlying plaintiff sought to recover from nonprofit D&Os more than $150 million in alleged damages ($20 million in combined policy limits)
  • Won jury trial on behalf of plaintiff in breach of contract case alleging that defendant overstaffed nursing home facilities with unnecessary temporary workers and billed for unnecessary services that were not reimbursable under applicable guidelines
  • Represented health insurer in federal district court and before the Fifth Circuit in the landmark ERISA preemption case decided by the United States Supreme Court in 2004—CIGNA Healthcare of Texas, Inc. v. Ruby Calad, 542 U.S. 200 (2004)
  • Won construction arbitration representing specialty concrete contractor who was alleged to have performed faulty work, involving breach of contract and deceptive trade practice claims; arbitrator denied plaintiff’s claim in its entirety
  • Represented property insurer in large, multi-party lawsuit against city transit authority and its construction contractors, asserting claims for breach of contract, violations of the Texas Water Code, and inverse condemnation arising from flooding of downtown streets and a high-rise office building and damages caused by an electrical fire that ensued; case settled after being called to trial
  • Defeated opposing party’s petition for review in Texas Supreme Court by handling briefing on the merits in case presenting the issue of whether the fortuity doctrine (no insurance coverage for known or in-progress losses) precludes the duty to defend in Texas
  • Substantially reduced client’s liability based on careful analysis of coverage issues and close monitoring of defense costs when governmental investigations commenced against a major international supermarket and foodservice operator in connection with alleged securities fraud and the impact of the alleged fraud on employer stock held by employee benefit plans

Awards and Recognition

  • Rated AV® Preeminent™ 5.0 out of 5 (Peer Review Rating) by Martindale-Hubbell® [AV® Preeminent™ and BV® Distinguished™ are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards, and policies. More information can be found at www.martindale.com/ratings]
  • Fellow of the American College of Coverage and Extracontractual Counsel, (2013 to present)
  • Fellow of the Litigation Counsel of America, (2019)
  • Leadership Dallas Class of 2016, Dallas Regional Chamber
  • Named to the Texas Super Lawyers list (2009 to 2019) by Super Lawyers, a rating service of outstanding attorneys who have attained a high degree of peer recognition and professional achievement
  • Named to the Top 50 Women Lawyers in Texas Super Lawyers list (2011, 2014, 2015, and 2017 to 2019) by Super Lawyers
  • Named to the Top 100 Lawyers in Dallas/Fort Worth Super Lawyers list (2014 and 2019) by Super Lawyers
  • Selected by her peers for inclusion in The Best Lawyers in America© listing in the field of insurance law, (2013 to 2020)
  • Named one of the Best Lawyers in Dallas: Insurance Law by D Magazine, (2012 to 2019)
  • Recognized by the Dallas Women Lawyers Association as its Outstanding Female Lawyer—Small Firm Award Recipient, (2017)
  • Selected for inclusion in Martindale-Hubbell®’s Bar Register of Preeminent Women Lawyers, (2012)
  • Honored as one of Top 25 Women in Business by the Dallas Business Journal, (2011)
  • Texas Bar Foundation Fellow
  • Recognized as a Texas Rising Star (2007) by Super Lawyers

Professional and Community Involvement

Outside the office and the courtroom, Amy is actively involved in both professional and community organizations. In 2015, she began a three-year commitment to serve on the Committee for Pattern Jury Charges—Business, Consumer, Insurance & Employment for the State Bar of Texas and renewed that commitment for another three years in 2018. She is a member of the litigation and insurance sections of the State Bar, the American Bar Association, and the Dallas Bar Association. Her service at the Dallas Bar Association includes board positions for both the Tort and Insurance Practice Section and the Trial Skills Section. Amy is also a member of the Dallas Women Lawyers Association and the Professional Liability Underwriting Society. In 2008, Amy founded the Dallas women’s networking group, ConnectHer. She is also a long-time member and former chair of Attorneys Serving the Community, a volunteer organization comprised of more than 400 women lawyers that has raised nearly $5 million dollars for Dallas-area non-profits supporting women, children, and families.

Book

Texas Insurance Coverage Litigation, The Litigator’s Practice Guide (Amy Elizabeth Stewart, ed. 2013 to 2020), published by Texas Lawyer Books and American Lawyer Media, a leader in specialized business news and information

Publications and Presentations

  • September 2019, “Understanding and Dealing with Third-Party Cyber-Risk :: The Cloud, SaaS, and Cyber Insurance,” panel presentation for the Dallas Bar Association’s Technology Summit, Dallas, Texas
  • May 2019, “Indemnification and Insurance: Contractual Risk Transfer Provisions,” presentation for UT Law’s 41st Annual Corporate Counsel Institute, Houston, Texas
  • March 2019, "Cyber Threats and Real Losses: Insurance Products, Coverage Issues, and Risk Management Facts You Must Know,” panel presentation for the Dallas Bar Association’s Science and Technology Law Section, Dallas, Texas
  • January 2019, “Budding Considerations :: Cannabis-Related Insurance Issues,” article co-authored with Katie Glenn for Coverage, published by the Insurance Coverage Litigation Committee of the American Bar Association’s Section of Litigation
  • June 2018, "5 Ways a Jury Consultant Can Help Frame Your Case,” panel presentation for the Dallas Bar Association’s Tort and Insurance Practice Section, Dallas, Texas   
  • January 2018, “Insurance Law Update,” presentation for the State Bar of Texas 34th Annual Litigation Update Institute, Austin, Texas
  • October 2017, “Challenges of Working with Expert Witnesses in Manmade and Natural Disasters,” panel presentation for the Forensic Expert Witness Association, Dallas Chapter Workshop, Dallas, Texas 
  • July 2017, “Cyber Insurance 2017 :: Lessons Learned,” article published by Texas Lawyer
  • June 2017, “Expanding Your Practice (Without Losing Your Mind),” presentation for the State Bar of Texas, Law Practice Management 2017, Dallas, Texas
  • May 2017, “WannaCryAttack Prompts Focus on Cyber Insurance,” article published by The Texas Lawbook
  • September 2016, “Bankruptcy :: How it Affects Coverage, Underwriting, and Claims,” panel presentation for Professional Liability Underwriting Society, Dallas and Houston, Texas 
  • July 2016, “Insurance 201 :: Liability Insurance Overview for Trial Counsel,” presentation for the Trial Skills Section, Dallas Bar Association, Dallas, Texas
  • June 2016,  “Insuring Cyber Risks :: What You Need to Know,” panel presentation for Risk and Insurance Management Society, Dallas, Texas 
  • June 2016,  “Preserving Attorney-Client Privilege in the Face of Conflict,” panel presentation for the State Bar of Texas, Advanced Insurance Law Course 2016, San Antonio, Texas
  • May 2016, “How to Negotiate a Cyber Insurance Policy,” webinar presentation for The SANS Institute
  • January 2016, “Insurance Law Update,” presentation for Law Stuff You Need to Know, Dallas Bar Association, Dallas, Texas
  • December 2015, “D&O Insurance Considerations,” panel presentation for the Society of Corporate Secretaries, Dallas, Texas
  • November 2015, “Summary Judgment Practice,” presentation for Trial Skills :: Nuts and Bolts Seminar, Dallas Bar Association, Dallas, Texas
  • November 2015, “Cyber Risks :: Tips, Trends, and Pitfalls,” panel presentation for IMA University, Dallas, Texas
  • November 2015, “Coming to America :: Ebola & Potential Pandemics,” panel presentation for PLUS Annual Conference, Dallas, Texas
  • October 2015, “The Open Port :: Insuring Third-Party Cyber Risk,” co-authored article for Coverage, published by the Insurance Coverage Litigation Committee of the American Bar Association’s Section of Litigation 
  • July 2015, “Cyber Insurance :: The Future is Now,” webcast presentation for West LegalEdcenter
  • July 2015, “Tips for Navigating the New Realm of Cyber Insurance,” article published by Texas Lawyer
  • June 2015, “D&O Insurance 101 :: Policy Basics and Current Trends and Implications,” presentation for the Dallas Area Paralegal Association, Dallas, Texas
  • May 2015, “Feeling Exposed? Insurance Coverage for Employer Risks,” webcast presentation for West LegalEdcenter
  • May 2015, “Cyber Insurance :: The Future is Now,” presentation for the In-House Counsel Summit hosted by Texas Lawyer, Dallas, Texas
  • February 2015, “Insurance for Business Litigation Risks :: Managing Multiple Policies,” article published in Consultant’s Corner for InsideCounsel.com
  • January 2015, “Primer on Employment Practices Liability Insurance,” article published in Consultant’s Corner for InsideCounsel.com
  • January 2015, “Insurance Law Update :: It’s Not Just for the Other Guy,” presentation for the State Bar of Texas, Litigation Update Institute 2015, San Antonio, Texas
  • December 2014, “Evolution of D&O Insurance after the Economic Crisis,” article published in Consultant’s Corner for InsideCounsel.com
  • December 2014, “Taking Inventory :: An Overview of Corporate Liability Insurance,” article published in Consultant’s Corner for InsideCounsel.com
  • December 2014, “2014 Year in Review :: Insurance Law,” article published in Texas Lawyer
  • October 2014, “Q&A with Texas Supreme Court Justice Don Willett,” article for Coverage, published by the Insurance Coverage Litigation Committee of the American Bar Association’s Section of Litigation
  • September 2014, “Insurance Coverage for Business Claims,” presentation for the State Bar of Texas, Business Disputes 2014, Houston, Texas
  • April 2014, “A Practical Guide to Common Ethical Dilemmas for Coverage Lawyers and Defense Counsel,” presentation for the State Bar of Texas, Advanced Insurance Law Course, Houston, Texas
  • April 2014, “How to Launch a Successful Boutique Firm,” article published in Texas Lawyer
  • September 2013, “Insurance Coverage for Business Disputes,” presentation for the State Bar of Texas, Business Disputes 2013, Dallas, Texas
  • July/Aug 2013, “Insurance 101 :: Recent Cases Resolving Ambiguities in Insurance Contracts,” article for Coverage, published by the Insurance Coverage Litigation Committee of the American Bar Association’s Section of Litigation
  • May 2013, “Insurance 101 :: Fundamentals for In-House Counsel,” presentation for Collin County Bar Association, Frisco, Texas
  • April 2013, “Insurance 101 :: Fundamentals for In-House Counsel,” presentation for CSI & Counsel On Call’s Spring CLE, Irving, Texas
  • March 2013, “A Breach is a Breach—Or Is It? Perspectives on National Union v. Seagate Technology,” article for Coverage, published by the Insurance Coverage Litigation Committee of the American Bar Association’s Section of Litigation
  • November 2012, “Downhole Navigator :: The Right to Independent Counsel,” article for Headnotes, a publication of the Dallas Bar Association
  • November 2012, “Insurance 101 :: Fundamentals of Liability Insurance for In-House Counsel,” presentation to the Corporate Counsel section of the Dallas Bar Association, Dallas, Texas
  • October 2012, “Jury Speak :: What Matters to Jurors in Insurance Cases,” presentation with Kacy Miller, Courtroom Logic, for University of Texas 2012 Insurance Law Institute, Austin, Texas
  • Sept/Oct 2012, “Fiduciary Liability Policies May Not Cover All Your Liability under ERISA,” article for Coverage, published by the Insurance Coverage Litigation Committee of the American Bar Association’s Section of Litigation
  • September 2012, “Insurance Coverage Issues,” presentation for State Bar of Texas, Business Torts Institute 2012, Dallas, Texas
  • July 2012, “Understanding General Liability and Professional Liability Insurance Coverage,” presentation for Minimizing Engineering Liability Exposure seminar, Arlington, Texas
  • June 2012, “Jumpstart Your Law Practice,” co-presenter for LawReviewCLE, Las Vegas, Nevada
  • June 2012, “Ethical Issues in the Tripartite Relationship,” presentation for Counsel On Call Summer CLE, Dallas, Texas
  • Spring 2012, “Dodd-Frank, Revisited :: Analyzing the Act’s Impact on the Insurance Industry,” article for Texas Insurance Law Journal, a publication of the State Bar of Texas
  • January 2012, “Effective Mediation Strategies to Save Capital and Keep Projects Moving Forward,” panel presentation for Insurance and Construction Mediations seminar, Dallas, Texas
  • December 2011, “Navigating Insurance Coverage Issues :: What Business Litigators Need to Know,” article for Headnotes, a publication of the Dallas Bar Association
  • November 2011, “Unintended Consequences :: An Update on the Impact of the Financial Crisis on Your Coverage Practice,” presentation for University of Texas 2011 Insurance Law Institute, Austin, Texas
  • October 2011, “What Every Business Tort Lawyer Should Know About Insurance,” panel presentation for State Bar of Texas, Business Torts 2011, Houston, Texas
  • June 2011, “Social Media 2011,” presentation for North Texas Association of Insurance Counsel, Dallas Texas
  • June 2011, “Insurance Coverage for Litigators :: The Nuts & Bolts,” presentation for the Dallas Bar Association, Dallas, Texas
  • March 2011, “Insurance for Lawyers and Law Firms,” presentation for the Collin County Bar Association’s Annual Making Your Practice Work seminar, Plano, Texas
  • February 2011, “Does Social Media Demand Legal Ethics?,” panel presentation for Texas Forum XXVIII, Dallas, Texas
  • Sept/Oct 2010, “Insurance 101:  Insights for Young Lawyers :: Ponzi Schemes, and Money Laundering, and Defense Costs! Oh My!,” co-authored article for Coverage, published by the Insurance Coverage Litigation Committee of the American Bar Association’s Section of Litigation
  • July 2010, “Judicial Profile: Honorable Staci G.C. Jernigan,” article for Headnotes, a publication of the Dallas Bar Association
  • July 2010, “Navigating the Ethical Current :: The Tripartite Relationship,” presentation for the Dallas Bar Association, Dallas, Texas
  • Summer 2010, “Finding Your Passion in the Profession,” article for The Woman Advocate, a publication of the American Bar Association
  • March 2010, “Arbitration in the Insurance Context :: Trends, Strategies & Appellate Review,” roundtable moderator for the American Bar Association Section of Litigation, Annual Insurance Coverage Litigation Committee Conference, Tucson, Arizona

Employment

Before forming Amy Stewart Law, Amy was a partner with the New York-based law firm, Wilson Elser Moskowitz Edelman & Dicker LLP, representing insurance companies in coverage and bad faith litigation. Amy began her legal career in 1992 with the Dallas firm later known as Gardere Wynne Sewell LLP, practicing commercial litigation.