Insurance Agent & Broker/Independent Adjuster Defense
Legal Malpractice Defense
Premises Liability Defense
Professional Licensure Defense
Real Estate Professionals Defense (Agents, Home Inspectors, Surveyors)
EDUCATIONTexas Tech University School of Law, Lubbock, Texas
Honors: Member, Phi Delta Phi
Honors: Member, Phi Delta Phi
- Texas, 1999
- U.S. District Courts for the Northern, Eastern, Southern and Western Districts of Texas
Michael C. Smith
Michael Smith focuses his practice on professional liability defense, premises liability, commercial litigation, and general tort litigation. He counsels and represents companies and professionals across a spectrum of businesses, including:
- Insurance adjusters, including independent adjusting companies and loss consultants
- Insurance agents and agencies
- Insurance brokers, including wholesale brokers
- Real estate brokers and agents, including brokerage firms
- Real estate inspectors
- Mortgage servicing companies
- Property Managers and Property Management Companies
- Commercial and/or Retail Property Owners
Michael has substantial experience in insurance coverage litigation and advises businesses and individuals on a variety of insurance-related matters, including policy interpretation, bad-faith disputes, and compliance with the Texas Insurance Code.
Michael also counsels clients on insurance coverage and indemnity issues that regularly arise in drafting, evaluating and negotiating business contracts, vendor agreements, or general dealings between property owners and managers and their business partners.
From 2013 through 2018, Michael has been named a “Super Lawyer” in Professional Liability Defense by Thomson Reuters. Thomson Reuters also recognized Michael as a "Rising Star" every year from 2007 to 2012.
EXPERIENCESeen by his clients as thorough, hard-working and pragmatic, Michael takes a realistic approach to effectively litigating matters and advising his clients through lawsuits or regulatory investigations.
- Obtained summary judgment on behalf of a mortgage servicing company alleged to have violated the Texas Fair Debt Collection Act and Texas Property Code.
- Successfully appealed an order denying our client's special appearance contesting jurisdiction in the state of Texas resulting in a complete dismissal of all claims brought against our client in O'Daire vs. Roward Recovery, LLC, No. 05-16-01097-CV; 2017WL30036 (Tex.App.-Dallas Mar. 9, 2017, no pet.).
- Obtained summary judgment on behalf of a national insurance adjusting company and its adjuster alleged to have violated the Texas Insurance Code and commit fraud in a property damage dispute in which plaintiffs sought over $1 million in damages.
- Obtained dismissal of Truth-in-Lending Act and Real Estate Settlement Practices Act claims, breach of contract, and injunctive relief asserted by a homeowner against a private lending company involving a promissory note for a residential property.
- Represented insurance agency against claims of negligent misrepresentation and conspiracy regarding an alleged mortgage fraud scheme where lender sought to recover millions in damages on sub-prime loans. Obtained partial summary judgment for client, defeating negligent hiring, training and supervision claims.
- Represents commercial property owners and property management companies in a variety of negligence and premises liability claims.
HONORS AND AWARDS
- Named "Super Lawyer" for Professional Liability Defense by Thomson Reuters, 2013 - 2018
- Named Texas "Rising Star" by Thomson Reuters, 2007 - 2012
PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS
- State Bar of Texas, Insurance Law Section, Member
- Dallas Bar Association, Tort & Insurance Practice Section, Member
- 4A Economic Development Corporation for the City of Murphy, Texas, Past President, Vice President and Director, 2006 - 2011