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Overview
J. Richard “Rick” Harmon is a Partner and Office Chair in Freeman Mathis & Gary, LLP's Dallas - Downtown office. He is a member of the Insurance Coverage & Extra-Contractual Liability and Tort & Catastrophic Loss Practice Sections. He is also a member of the Midwest Coverage Interdisciplinary Team. He has over 30 years of experience advising domestic and London market insurers on coverage, property and Stowers doctrine issues, as well as advising policyholders and commercial clients in complex civil litigation matters. This breadth of experience allows him to draw on his extensive background and develop strategies tailored to each client’s particular needs and ultimate goals. He was the lead attorney for the prevailing insurer before the Texas Supreme Court in Monroe Guaranty Insurance Co. v. Bitco General Ins. Corp. and has been recognized by Chambers USA and Texas Super Lawyers for his expertise in insurance coverage.
Mr. Harmon represents insurers in first-party property matters and coverage actions involving general liability, commercial auto and trucking, professional and employment liability, and directors and officers liability. He also defends policyholders and companies in the energy, oil and gas, and construction industries, serving as lead counsel in cases involving wrongful deaths, catastrophic injuries, and multi-million-dollar property damage disputes.
Mr. Harmon is an active member of the Property Loss Research Bureau (PLRB), where he provides legal insight on property insurance claims and emerging industry trends, and the Defense Research Institute (DRI), the leading organization of defense attorneys and in-house counsel.
Insurance Coverage/Stowers
Mr. Harmon has prosecuted or defended hundreds of insurance coverage cases in Texas and multiple other jurisdictions in the United States. He successfully represented clients in appeals involving complex coverage issues before the U.S. Courts of Appeals for the Fifth, Eighth, and Tenth Circuits, multiple Texas intermediate appellate courts and the Texas Supreme Court. He is indispensable and knowledgeable about all components regarding Stowers issues. He can evaluate, advise, and guide insurers on their potential exposure and the steps they should take. He was the lead attorney for the prevailing insurer before the Texas Supreme Court in Monroe Guaranty Insurance Co. v Bitco General Ins. Corp., one of the most significant insurance decisions in Texas in the last decade. He is “go to” counsel in Texas for numerous insurance clients for advice on complex coverage matters and high-stakes Stowers issues.
First-Party Property/Bad Faith
Mr. Harmon has spent his entire career defending personal lines and commercial insurance property insurers in first-party contract and bad faith cases. He was lead counsel for an insurance client in more than 700 suits from Hurricane Ike and designed strategies to effectively gather and process claim information and settle cases early in the litigation process.
Mr. Harmon was lead trial counsel in a Hurricane Katrina suit involving nine apartment complexes and devised a coverage strategy on anti-concurrent causation clause that led to a complete victory for the client on appeal in Arm Properties Management v. RSUI Indemnity Co., resulting in a significant positive impact for insurers in Texas involving “wind v. water” claims. He has also been lead counsel for property insurers in multi-district litigation all over Texas involving weather-related catastrophes.
Excess/Umbrella Insurance
Mr. Harmon advises many excess/umbrella insurance clients, serving as monitoring counsel, coverage counsel, or in both roles. Because of his experience as lead defense in high-exposure cases, he can associate in as lead or co-defense counsel and try the case if the need arises. He also serves in a coverage role and has represented excess insurers in some of the largest coverage litigation in the United States in the last five years.
Bar Admissions
Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Western District of Texas
U.S. Courts of Appeals
- U.S. Court of Appeals for the Fifth Circuit
Oklahoma
- U.S. District Court for the Eastern District of Oklahoma
- U.S. District Court for the Western District of Oklahoma
Wisconsin
- U.S. District Court for the Eastern District of Wisconsin
Education
J.D. (cum laude)
Texas Tech School of Law
B.S.
The University of Texas at Arlington
Publications & Engagements
- “Texas Supreme Court Issues Significant Decision on Exception to ‘Eight Corners’ Rule,” Thompson Coe, 2/11/2022
- “Forces of Nature” Encompasses Weather Events,” Thompson Coe, 3/17/2021
- “Texas Supreme Court Recognizes Exception to Eight Corners Rule,” Thompson Coe, 5/1/2020
- “Looking Forward to 2019 – ‘Texas-Sized’ Verdicts in 2018,” Thompson Coe, 1/28/2019
- “Fifth Circuit Holds that Texas Law Immunizes Law Firm from Liability for Alleged Misrepresentations Made to Excess Insurer,” Thompson Coe, 1/2/2019
- “Texas Supreme Court Reaffirms Incorporation of Other Documents By Additional Insured Clauses,” Thompson Coe, 2/13/2015
- “Texas Supreme Court Disallows Discovery of Unrelated Claim Files,” Thompson Coe, 10/31/2014
- “Houston Court of Appeals Finds Punitive Damages Are Covered by Commercial Policies, but Remands the Case for Determination of the Public Policy Issue,” Thompson Coe, 9/2/2014
- “Texas Supreme Court Upholds Denial of Coverage Based on Vacancy Provision,” Thompson Coe, 9/2/2014
- “Fourteenth Court of Appeals Muddies Waters on Policy Benefits and Extra-Contractual Benefits,” Thompson Coe, 7/1/2014
- “Fifth Circuit Reinstates Appraisal Award Set Aside by Trial Court,” Thompson Coe, 9/18/2013
- “Texas Supreme Court Expands Liability for “Property Damage” and Limits Enforceability of Consent-To-Settlement Requirements,” Thompson Coe, 8/26/2013
- “Superstorm Sandy: Lessons Insurers Can Learn From Gulf Coast Hurricanes,” Declarations, International Association of Claim Professionals, 3/1/2013
- “Fifth Circuit Holds Coverage for Faulty Workmanship Barred by the Contractual Liability Exclusion,” Thompson Coe, 6/18/2012
- “Texas Supreme Court Limits Evidence on Medical Expenses,” Thompson Coe, 7/5/2011
- “New Legislation Affects Risk Shifting In Certain Construction Contracts,” Thompson Coe, 6/22/2011
- “Texas Supreme Court’s Decision on Waiver of Appraisal – In re Universal Underwriters,’ Thompson Coe, 5/6/2011
- “King v. Dallas Fire Insurance Company: Is There Coverage for Intentional Acts?,” Thompson Coe, 12/6/2011
Representative Cases & Clients
- Lead trial counsel in first-party property suit resulting in unanimous defense verdict.
- Lead trial counsel in suit brought against insurer in Hidalgo County resulting in defense verdict.
- Lead counsel for insurer client in coverage litigation involving the sexual abuse claim from the Boy Scouts of America bankruptcy plan.
- Lead counsel in landmark coverage decision by the Texas Supreme Court regarding use of extrinsic evidence in third-party coverage litigation.
- Monroe Guaranty Ins. Co. v Bitco General Ins. Corp, 640 S.W.3d 195 (TX.)
- Successfully argued case before Fifth Circuit resulting in favorable decision to client in coverage dispute involving interrelated claims provision under employment/D&O policies.
- API Worldlink v RSUI Indemn. Co, 932 F.3d 369 (5th Cir.)
- Represented excess insurer in Delaware suit involving complex nine figure dispute over coverage and an alleged fraudulent settlement under Professional Liability policy resulting in favorable settlement.
- Obtained summary judgment from United States District Court for Northern District of Texas in seven figure dispute over coverage and a commercial property policy for damage from Winter Storm Uri.
- Lead counsel for excess insurer in coverage dispute in federal court in Minnesota resulting in precedent-setting decision by Eighth Circuit Court of Appeals regarding allocation of a jury award that included covered and uncovered damages.
- RSUI Indemnity Co. v New Horizon Kids Quest, Inc., 933 F.3d 960 (8th Cir.)
- Obtained favorable decision from U.S. Court of Appeals for Tenth Circuit in coverage dispute involving
- number of occurrences based on largest e.coli outbreak in U.S. history.
- Republic Underwriters Ins. Co. v. Moore, 493 F. App’x 907 (10th Cir.)
- Favorable resolution of several large property insurance lawsuits for clients involving Hurricanes Dolly and Ike.
- Negotiated favorable multi-million dollar settlements in several high-profile products liability and premises cases in South Texas on behalf of excess insurers.
- Negotiated settlement for excess insurer in bus fire case involving multiple deaths.
- Obtained summary judgment on behalf of insurer on contractual indemnity claim involving seven-figure damages.
- Represented insurer in commercial property dispute involving nine apartment complexes damaged by Hurricane Katrina and formed coverage strategy resulting in landmark favorable decision by Fifth Circuit of application of anti-concurrent causation clause in “wind v water” claims.
- Obtained summary judgment on behalf of insurer in class action involving thousands of potential claims relating to overhead/profit issues.
- Served as lead MDL counsel on numerous commercial and personal lines cases involving Hurricanes Rita, Dolly and Ike.
- Obtained favorable opinion from Texas Supreme Court in large commercial dispute in which client sought to compel arbitration under an agency contract.
- Counseled insurance client regarding a multitude of coverage issues and assisted insurer in resolving several national pharmaceutical and medical device cases involving global insurance programs.
- Lead trial counsel in suit to recover proceeds paid by insurance client from another insurer resulting in favorable unanimous verdict and full recovery for client.
Affiliations
- Property Loss Research Bureau
- Defense Research Institute
- State Bar of Texas – Tort and Insurance Law Section
- Claims & Litigation Management Alliance
- Federation of Defense & Corporate Counsel
- American College of Coverage & Extracontractual Counsel
Awards & Recognition
- Insurance Law; Litigation – Insurance, The Best Lawyers in America, 2019–2026
- Band 4 – Insurance (Texas), Chambers USA Guide, 2024-2025
- Insurance Coverage; Civil Litigation: Defense; Personal Injury – General: Defense, Texas Super Lawyers, 2006–2007, 2009–2024
- Lawyer of the Year, The Best Lawyers in America, 2023
- Insurance Coverage, Super Lawyers – Corporate Counsel Edition, 2010
- AV Peer Review Rating, Martindale-Hubbell
Practice Sections
Education
J.D. (cum laude)
Texas Tech School of Law
B.S.
The University of Texas at Arlington