Mark Tillman

Full Profile

Mark Tillman has extensive experience representing clients in a variety of litigated and non-litigated matters. Mark has prior experience at an international trial law firm representing both domestic and international carriers in complex insurance coverage disputes, extra-contractual claims, and disputes between insurance and reinsurance companies. He has provided coverage advice and/or litigated insurance disputes arising out of a wide variety of policies, including general liability, property, homeowners, automobile, life, workers' compensation, fidelity, professional liability, and reinsurance. He has conducted numerous audits for carriers to help them identify potential coverage issues and properly set reserves.

Mark is also a trained mediator. Because of his significant litigation experience and reputation for integrity, he has been court appointed to mediate numerous cases involving a wide variety of disputes. His experience as a trial attorney, as well as his ability to accurately evaluate the strengths and weaknesses of a case and articulate his views to others in a clear and concise manner, make him a highly effective intermediary.

Admissions

• Texas
• US District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
• US Court of Appeals for the 5th Circuit
• The Supreme Court of Texas

Education

• J.D., summa cum laude, Texas Tech University School of Law, 1995. Order of the Coif (top 10%) and Note Editor, Texas Tech Law Review.
• B.B.A., Wayland Baptist University, 1992

Memberships

• Loss Executives Association (LEA)
• Property Loss Research Bureau (PLRB)
• State Bar of Texas
• Dallas Bar Association

Experience

• Obtained summary judgment in multi-million-dollar claim arising out of alleged hail damage to a commercial property (state court).
• Obtained take-nothing judgment in favor of insurer following bench trial in breach of contract/bad faith lawsuit arising out of homeowners' fire loss (federal court).
• Obtained jury verdict in favor of insurer in breach of contract/bad faith lawsuit arising out of uninsured motorist claim (state court).
• Obtained summary judgment in favor of reinsurer in multi-million-dollar claim arising out of alleged fraud and conspiracy (state court).
• Obtained summary judgment in favor of insurer in breach of contract/bad faith claim arising out of alleged breach of duty to defend (federal court).
• Obtained summary judgment in favor of insurer in breach of contract/bad faith claim arising out of underinsured motorist claim (state court).
• Successfully argued landmark case before the Supreme Court of Texas prohibiting the award of attorney’s fees in actions under Chapter 542A of the Texas Prompt Payment of Claims Act when an insurer has fully discharged its obligations under the policy by voluntarily paying the appraised amount, plus any statutory interest, in compliance with the policy’s appraisal provisions (on Certified Question from the United States Court of Appeals for the Fifth Circuit).

Presentations

• “Fool Me Once: Lessons Learned from Catastrophic Property Claims,” Sedgwick’s Seventh Annual “Hot Topics Seminar for the Bermuda Insurance Market,” Hamilton, Bermuda
• “Swimming in the Deep End: Murky Issues Facing Property Insurers in Hurricane and Flood Claims: Part II – Business Interruption Issues,” Sedgwick’s Sixth Annual “Hot Topics Seminar for the Bermuda Insurance Market,” Hamilton, Bermuda
• “Continuing Bad Faith: It Keeps Going, and Going, and Going,” Issues and Trends in Extra-contractual Coverage and Liability Seminar, Chicago, Illinois
• “A Guide Through the ‘Legal Nebula’ of Loss Causation,” Lorman Property Insurance Claims Teleconference
• “Outside Events Affecting Policies and Coverage,” Lorman Education Seminar “Update on Insurance Issues in Texas,” Dallas, Texas
• “Katrina: The Litigation Storm Swirls,” Hot Topics Seminar, Bermuda
• “Spiking the Punch: How Post-Loss Market Spikes Impact Business Interruption Claims,” Hot Topics Seminar, Bermuda
• “Wind and Hail and Floods, Oh My!” Litigation Lessons Learned from Natural Calamities, client presentation, Cincinnati, Ohio
• Numerous in-house seminars for domestic, European and Bermudian insurers