Fanning Harper Martinson Brandt & Kutchin, P.C.
Don Martinson’s practice at Fanning Harper Martinson Brandt & Kutchin, P.C. concentrates on insurance coverage analysis and related insurance coverage litigation, and appellate advocacy.
Throughout the late 1970s and early 1980s, Don’s practice focused on the defense of property insurance companies in first-party property damage lawsuits, mostly arising out of commercial and residential arson fires. His practice has also included mass tort and related products liability litigation, health care liability litigation, and bad faith litigation.
When the Texas Supreme Court recognized a new tort in the mid-1980s, the “duty of good faith and fair dealing” owed by insurers to insureds, Don’s practice shifted to the defense of the new “bad faith” lawsuits filed primarily against property and worker’s compensation insurers. By the late 1980s he was involved in the defense of declaratory judgment / bad faith lawsuits filed in Texas by Fortune 500 corporations against their CGL insurers seeking coverage for the corporation’s mass toxic tort and pollution clean-up liability exposures.
His successful ruling before the Supreme Court of Texas in Re Universal Underwriters of Texas Insurance Co. was named one of the state’s most significant appellate victories for 2011 by Texas Lawyer newspaper.
A member of the State Bar of Texas and the Texas Association of Defense Counsel, Don is also a Life Fellow of the Texas Bar Foundation and Fellow of the Dallas Bar Foundation. Don received his B.A. from The University of St. Thomas and went on to the Baylor University School of Law where he received his J.D. cum laude in 1973. As a law student, he served on the Baylor Law Review and was selected as a member of the Harris Honor Society.
Estate of McWhorter v. Wooten, 622 S.W.2d 844 (Tex. 1981)
Northern County Mut. Ins. Co. v. Davalos, 140 S.W.3d 685 (Tex. 2003)
In Re Universal Underwriters of Tex. Ins. Co., 345 S.W.3d 404 (Tex. 2010)
Venture Cotton Coop. v. Freeman, 435 S.W.3d 222 (Tex. 2014)
Coburn Supply Co. v. Kohler Co., 342 F.3d 372 (5th Cir. 2003)
Parra v. Markel Int’l Ins. Co., 300 Fed. Appx. 317 (5th Cir. 2008)