Photo of Deke Shearon

Deke Shearon has spent over a decade advising corporations and businesses of all sizes in high-stakes, complex disputes. Deke has represented clients throughout the litigation process, from discovery to trial to appeal, and has successfully briefed numerous successful dispositive motions, as well as a successful appeal before the United States Court of Appeals for the Second Circuit.

This is the first in a series of discussions about insurance issues unique to the Lone Star State.

For nearly a century, the Stowers doctrine has been a critical cornerstone of Texas insurance law protecting insureds facing the threat of a nuclear verdict. This doctrine, named after the seminal 1929 case G.A. Stowers Furniture Co.

Well-established law requires that an insured be made whole before recoveries benefit an insurer. When an insured’s losses exceed policy limits, any additional recovery made by the insured should inure to the benefit of the insured to offset losses above policy limits. Only after the insured is made whole is the insurer entitled to reimbursement.