Practices

Litigation

Insurance

Appellate

Education

J.D. Southern Methodist University School of Law, 1972, with honors, Order of the Coif

B.A. Austin College, 1969

Bar Admissions

State of Texas, 1972

State of Oregon, 2015

U.S. Supreme Court

U.S. Court of Appeals, Fifth Circuit

U.S. District Court, Northern District of Texas

U.S. District Court, Eastern District of Texas

U.S. District Court, Southern District of Texas

U.S. District Court, Western District of Texas

 

Richard Gateley has practiced in the area of insurance and commercial litigation for over 40 years, representing a wide range of clients from individual and small businesses to international insurers and Fortune 100 companies. He has extensive trial and appellate experience in a variety of practice areas and has successfully represented public corporations, closely-held companies and individuals in both federal and state courts throughout the country.

Mr. Gateley represents both domestic and international insurers, including Underwriters participating in the Lloyd’s of London insurance market. He defends clients in first-party and third-party litigation claims, including property damage, products liability, professional liability and personal injury. He also has substantial experience in complex commercial litigation involving a variety of business disputes, including breach of warranty, fraud, breach of contract, intellectual property and other commercial matters.

Mr. Gateley was selected by his peers for inclusion in The Best Lawyers in America by Woodward White for 2016 for Insurance Law.  He is rated AV Preeminent by Martindale-Hubbell Peer Review, signifying the highest level of professional excellence and adherence to the highest ethical standards – a distinction achieved by fewer than 5% of attorneys nationwide.

Mr. Gateley previously worked as a trial attorney with the U.S. Federal Trade Commission for over ten years, representing the government in manufacturing defect, consumer protection and anti-trust resale price maintenance cases.

Experience

Martin Resource Management Corporation v. Zurich American Insurance Company, AXIS Insurance Company and Arch Insurance Company, No. 6-12-CV-00758 (E.D. Tex. 2014), affm’d No. 14-40512 (5th Cir. 2015)
Interpretation of AXIS excess policy wording as requiring actual payments of limits by primary insurer before AXIS policy is triggered where primary carrier settled for less than limits.

Brit UW Ltd. v. Briones, 2013 U.S. Dist. LEXIS 88844 (W.D. Tex. 2013)
United States District Court granted summary judgment in favor of Lloyd’s syndicate interpreting who is an insured and finding no coverage.

Liberty Corporate Capital, Ltd. v. Sigma Chi Fraternity – Eta Omega Chapter, No. 6:12-CV-135 (W.D. Tex. 2013)
Wrongful death liability claim for defense and indemnity excluded by certain policy endorsements.

DaimlerChrysler Motors Co., LLC v. Manuel, 362 S.W.3d 160 (Tex. App.—Fort Worth 2012, no pet.)
Dealer dispute with vehicle manufacturer over alleged breach of franchise agreement.

Liberty Corporate Capital v. Briggs, 2010 U.S. Dist. LEXIS 78971 (S.D. Tex. 2010)
United States District Court granted summary judgment finding no coverage based on auto exclusion in a fraternity policy.

MGE UPS Systems, Inc. v. GE Consumer and Industrial, Inc., 612 F.3d 760 (5th Cir. 2010)
Successfully defended General Electric in a $100 million Digital Millennium Copyright Act (DMCA), copyright infringement, and misappropriation of trade secrets case involving commercial software for sophisticated business equipment.

Alea London v. Bickford, 627 F.Supp. 2d 763 (S.D. Tex. 2009)
United States District Court granted summary judgment finding no coverage for related entity that was not named insured.

Bruton v. Underwriters at Lloyd’s, London, 283 S.W.3d 502 (Tex. App.—Fort Worth 2009, no pet.)
Dispute under trucking policy over rights to salvage.

Liberty Corporate Capital, Ltd. v. Cross, No. 1:08-CV-791 (W.D. Tex. 2009)
Wrongful death liability claim for defense and indemnity excluded by certain policy endorsements.

Hyundai Corp., (USA) v. Contractors Cargo Co., 2008 U.S. Dist. LEXIS 90367 (S.D. Tex. 2008)
Hyundai cargo claim against motor carrier held limited by Carmack Amendment to the Interstate Commerce Act.

Lazo v. RSI international, Inc., No. 14-06-00432 (Tex.App.– Houston [14th Dist.] 2007, no pet.)
Interpretation of proper cancellation by a premium company under a commercial general liability policy.

MGE UPS Systems, Inc. v. Fakouri Electrical Engineering, Inc., 422 F.Supp.2d 724 (N.D. Texas 2006)
United States District Court granted summary judgment in favor of servicer of uninterruptible power supply (UPS) equipment on manufacturer’s claims of RICO violations, trademark infringement, and conspiracy.

Certain Underwriters at Lloyd’s v. KKM, Inc., 215 S.W.3d 486 (Tex. App.—Corpus Christi 2006, pet. denied)
Property damage case under a commercial property policy addressing fortuity doctrine.

Eaton Power Quality Corp. v. J.T. Packard and Assoc., Inc. (N. D. Illinois 2005)
Represented independent service provider in copyright infringement, misappropriation of trade secrets and antitrust case involving diagnostic software. Settled prior to trial.

Corfield v. Dallas Glen Hills, LP, 355 F.3d 853 (5th Cir. 2003, pet. denied)
Case of first impression in the Fifth Circuit Court of Appeals deciding issue of complete diversity for Lloyd’s of London policy.

RaceTrac Petroleum Inc. v. J.J. Fast Stop, Inc., et al.,
2003 WL 251318 (N.D. Tex. 2003)
United States District Court granted motion for summary judgment on claim of trade dress infringement.

Certain Underwriters at Lloyd’s v. A&D Interests, Inc., 197 F.Supp. 2d 741 (S.D. Tex. 2002)
Court refused to dismiss Underwriters at Lloyd’s declaratory judgment action.

Fidelity Bank v. Mortgage Funding Corp. of America,
855 F. Supp. 901 (N.D. Tex. 1994)
United States District Court denied motion to dismiss and allowed declaratory judgment action to proceed regarding termination of loan purchase agreement.

Presentations

Senior Instructor, National Institute of Trial Advocacy – the nation’s leading provider of advocacy skills training for legal professionals

A Mock U.S. Trial in a U.K. Courtroom, Seminar for Lloyd’s of London Syndicates and Companies

Responding to and Handling Property Damage Claims, Seminar for Lloyd’s of London Syndicates and Companies

The Changing Legal Landscape in Texas: The Good, The Bad and The Ugly, Seminar for Lloyd’s of London Syndicates and Companies

Typical Development of a Property Claim, Seminar for Lloyd’s of London Syndicates and Companies

Interpleader Actions in Insurance Claims, Seminar for domestic Texas surplus lines carrier

We’ve Got You Covered: Avoiding E&O Pitfalls, Texas Surplus Lines Association (TSLA)

Emerging Issues in Hurricane Ike Claims, Seminar for Lloyd’s of London Syndicates and Companies

Adjusting Claims in the Era After Ike: Litigation of Property Damage Claims, Seminar for Lloyd’s of London Syndicates and Companies, and Texas surplus lines carrier and independent adjusters.

Professional Recognition

The Best Lawyers in American by Woodward White for Insurance Law (2016)

Rated AV Preeminent, Martindale-Hubbell Peer Review

Membership

State Bar of Texas

State Bar of Oregon

Texas Surplus Lines Association