David Pybus Email & Phone Number

Experienced defense lawyer in the construction, marine and energy industries, with extensive commercial litigation background, including real estate and corporate disputes and interpleader litigation for annuity companies. Tried numerous cases in both state and federal courts and in arbitration, and successfully handled a number of appeals. Experience:• $3.7 million arbitration award in dispute over plugging and abandonment costs.• $5.4 million jury verdict in federal court for a drilling contractor after a blowout.• Judgments dismissing $10 million in claims against annuity companies and awarding $400,000 in fees after jury trial and appeal. FinServ Cas. Corp. v. Transamerica Life Ins. Co., 523 S.W.3d 129 (Tex. App.—Houston [14th Dist.] 2016, pet. denied). • $5.9 million settlement in a well fire subrogation claim in Wyoming federal court.• Successful defense of shareholder derivative case seeking $3.8 million. • Successfully prevented arbitration demand by a hospital against a third party administrator on a $3 million claim. IMA, Inc. v. Columbia Hosp. Med. City at Dallas, Subsidiary L.P., 1 F.4th 385 (5th Cir. 2021). • $1.5 million settlement in oil well subrogation case (90% of amounts paid).• Summary judgment on duty to defend/bad faith claims by a publicly traded additional insured, in a case involving pollution exclusion and indemnity claims.• Successfully represented annuity companies in the first reported Texas cases awarding fees under the Structured Settlement Protection Act. RSL Funding v. AEGON Structured Settlements, 384 S.W.3d 405 (Tex. App.—Eastland 2012, pet. denied); Rapid Settlements, Ltd. v. Green, 294 S.W.3d 701 (Tex.App.–Houston [1st Dist.] 2009, no pet.); Transamerica Occidental Life Insurance Company v. Rapid Settlements, Ltd., 262 S.W.3d 409 (Tex.App.–Houston [1st Dist.] 2008, no pet.).• Obtained attorney’s fees for an annuity company against competing factoring companies. Transamerica Annuity Serv. Corp. v. Symetra Life Ins. Co., No. CV H-16-1426, 2017 WL 3442464 (S.D. Tex. Aug. 9, 2017)• Represented insurance company through jury verdict in federal court, in a $32.5 million coverage and bad faith case resulting from property damage to a hospital.• Obtained favorable subrogation settlements in connection with a $15 million fire at a gas processing plant.• Obtained a unanimous decision from the Texas Supreme Court on certified questions from the 4th Circuit in a real estate case . Boyert v. Tauber, 834 S.W.2d 60 (Tex. 1992).

Listed skills include Commercial Litigation, Civil Litigation, Litigation, Product Liability, and 17 others.