ATTORNEYS

Michael Smith

Michael Smith

Member

EMAIL

msmith@cobbmartinez.com

TEL

214-220-5209

FAX

214-220-5299

BIOGRAPHY

Michael Smith focuses his practice on professional liability defense, premises liability, commercial litigation, and general tort litigation. Michael has substantial experience in insurance coverage litigation and advises businesses and individuals on a variety of related matters, including policy interpretation, bad-faith disputes, and compliance with the Texas Insurance Code. This work extends to counseling 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.  

Biography

Michael Smith focuses his practice on professional liability defense, premises liability, commercial litigation, and general tort litigation. Michael has substantial experience in insurance coverage litigation and advises businesses and individuals on a variety of related matters, including policy interpretation, bad-faith disputes, and compliance with the Texas Insurance Code. This work extends to counseling 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.  

Practice Areas

Commercial Litigation
Insurance Agent & Broker/Independent Adjuster Defense
Legal Malpractice Defense
Premises Liability Defense
Professional Licensure Defense
Real Estate Professionals Defense (Agents, Home Inspectors, Surveyors)

Education

  • Texas Tech University School of Law, Lubbock, Texas​
    • J.D., 1999
    • Honors: Member, Phi Delta Phi
  • Trinity University
    • B.A., 1996

Admissions

  • Texas, 1999
  • U.S. District Courts for the Northern, Eastern, Southern and Western Districts of Texas

Experience

Seen 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. Michael counsels and represents companies and professionals across a spectrum of businesses, including attorneys, accountants, real estate brokers and agents, real estate inspectors, insurance brokers (including wholesale brokers) and agents, insurance adjusting companies and their employees and consultants, commercial property owners and property management companies, and mortgage servicing companies.

Below are a few of Michael’s representative engagements:

  • 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 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. Rowand Recovery, LLC, No. 05-16-01097-CV; 2017WL30036 (Tex. App.—Dallas Mar. 9, 2017, no pet.).
  • Obtained summary judgment on behalf of a national commercial property management company against a slip-and-fall premises liability claim.
  • Obtained summary judgment on behalf of a national insurance adjusting company and its adjuster alleged to have violated the Texas Insurance Code and committed fraud in a property damage dispute in which the plaintiffs sought more than $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.

Awards & Honors

  • Named to the list of Texas Super Lawyers for Professional Liability Defense by Thomson Reuters, 2013-2021
  • Named to the list of Texas Rising Stars by Thomson Reuters, 2007-2012

Memberships

  • State Bar of Texas, Insurance Law Section
  • Dallas Bar Association, Tort & Insurance Practice Section
  • 4A Economic Development Corporation for the City of Murphy, Texas – Past President, Vice President and Director, 2006 – 2011