Mailing address:
P.O. Box 224626
Dallas, Texas 75222

Physical address:
2223 W. Jefferson Blvd.
Dallas, Texas 75208

214.946.8000 phone
214.946.8433 fax

lbeverly@dpslawgroup.com

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Lana P. Beverly, Associate

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Publications & Presentations

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Significant Cases

In re State Farm Mut. Auto. Ins. Co., No. 02-20-00144-CV, — S.W.3d —, 2020 WL 6788961 (Tex. App.- Fort Worth Nov. 19, 2020, orig. proceeding)

Denial of State Farm’s mandamus petition seeking to avoid discovery in the uninsured/underinsured motorist context.  In doing so, the court of appeals discusses at length the distinction between a breach of contract claim against the UM/UIM insurer and common law or statutory claims for breach of duties of good faith and fair dealing.  Noting a distinction based on the historical development of the claims and their accrual, the court of appeals found that Brainard does not foreclose such claims.  Rather, another line of cases, beginning with the Texas Supreme Court’s opinion in Arnold (and modified later by Murray), which hold that the insurer’s duties of good faith and fair dealing can accrue prior to a judgment that would trigger the insurer’s contractual liability, controls and allows such claims, and supported the trial court’s order compelling discovery related to the insurer’s claims-handling practices.

Shiloh Treatment Center, Inc. v. Ward, 608 S.W.3d 337 (Tex. App.—Houston [1st Dist.] 2020, no pet. h.)

Affirming denial of second Chapter 74 motion to dismiss filed by operators of facilities for young people with mental disabilities filed after unsuccessful appeal of the first Chapter 74 motion to dismiss, finding the law of the case doctrine barred second motion to dismiss based on the same facts.

Randell v. Galbreath, No. 11-15-00056-CV, 2017 WL 2698113 (Tex. App.⎯Eastland June 22, 2017, no pet.) (mem. op)

Successfully defended summary judgment granted in favor of lawyers against former client arising out of client’s settlement of personal injury claims.