© 2014 The Texas Lawbook.
By Brooks Igo – (Aug. 15) – Last month, Tarron Gartner-Ilai made what she describes as a “life-changing” move by moving her law practice to Amy Stewart Law, a Dallas-based insurance coverage boutique coming up on five-years-old. Gartner-Ilai, who has four children (including five-year-old twin boys), said Stewart’s firm provides an environment that allows her to juggle her full-time practice and “keep all the plates spinning.”
The SMU Dedman School of Law graduate joined Amy Stewart Law from Cooper & Scully. Prior to that, she spent nearly 10 years in-house at Travelers Insurance, where she served as managing claim coverage counsel and general counselor.
In a Q&A with The Texas Lawbook, Gartner-Ilai talks about how working in-house has affected her practice, how her clients are challenged by the cost of insurance and which trends in insurance coverage law she is noticing.
TLB: Why did you make the move to Amy Stewart Law?
Gartner-Ilai: For close to a decade I was employed by a major A+ rated carrier that gave me an incredible opportunity to learn the insurance industry in a broader context. While there, I felt that I needed to get back in the courtroom in order to maintain my trajectory. After leaving, I primarily represented insurers. Gradually, however, I had the opportunity to represent policyholders and loved the experience. Those were the cases where I felt that I had the opportunity to make the most difference. Moving to ASL was simply a natural progression for me.
TLB: What are one or two of the biggest cases you have handled in your career? What made those matters unique or interesting?
Gartner-Ilai: The interesting thing about insurance coverage is that the dollar value of the case does not necessarily define the complexity of the case. You can have a $500 claim involving coverage issues that are as complex as a $5 million claim, and, unlike liability cases, it’s always an “all or nothing” proposition.
One of the more interesting cases I handled was a large bad faith case involving the issue of whether a medical provider who assumes responsibility for the medical bills of an injured patient, without notifying its carrier, is entitled to reimbursement under a professional liability policy. The case was interesting because it really boiled down to the issue of whether equitable considerations (the medical provider would likely have been held liable for the medical bills incurred by the patient in any event) prevailed over a strict construction of the policy language. In the end, it was the policy language that prevailed. But the case was also interesting because my opposing counsel was really good. He made me work my tail off. It was a challenge and a great learning experience.
TLB: What are the current trends/hot issues in your insurance coverage practice that you think you and your clients will be addressing for the next year or so?
Gartner-Ilai: Coverage issues that are related to underlying construction defect claims continue to develop. There are many unanswered questions, including questions involving the allocation of damages for progressive damage that takes place over multiple policy periods, and the contribution and subrogation rights between those carriers.
In the context of liability policies, I think we will also see the development of case law on an insurer’s potential Stowers liability in cases involving multiple parties, as well as continued development of rules related to the liberal construction of pleadings in determining the duty to defend.
TLB: What are one or two of the biggest challenges facing your clients?
Gartner-Ilai: The biggest challenges facing my clients do not really involve the specific cases. Rather, for some of my clients, the biggest challenge they face is the cost of insurance, which forces them into alternative (substandard) markets where the policies and the insurers are not subject to regulation, and coverage is much more restricted.
Another challenge my clients face is making sure they are properly insured, especially when it comes to cyber-related risks. As technology continues to advance, even smaller companies are at risk for data theft, which not only creates a potential contingent liability, but damage for the loss of critical information necessary for the continuance of day-to-day operations. Finding a good broker is essential.
TLB: What are your biggest accomplishments in your career?
Gartner-Ilai: The fact that I have a law degree is nothing short of a miracle. I grew up in a really small town. My mother passed away when I was three. Although my dad did an amazing job raising my sister and me on his own, he did not finish college and education was not his first priority for us. School was always intrinsically motivating for me, and so I excelled. Being from a small town, however, college guidance was non-existent in my high school. I ended up graduating from high school at age 16, wandered to the only college that I knew existed, which wasn’t necessarily a bad thing, given my tender age. I finished at age 19, decided I wanted to go to law school, took my LSAT and was admitted to Southern Methodist – the only law school to which I applied. No preparation. Nothing. I just went down and took it. I borrowed every bit of my tuition and worked the entire time. For a good part of it I didn’t have a car, so I took the bus to and from my apartment and to and from work. I was so driven to better my circumstances. Facing those challenges has given me a confidence and resilience that I wouldn’t otherwise have.
TLB: How has your experience working in-house affected your practice?
Gartner-Ilai: That experience was invaluable. Just learning about the industry and how the business works has given me an edge and made me more instinctual. More importantly, it has given me the perspective that insurance companies are not simply institutions. They are run by people. Very accomplished, skilled people. Ultimately, it’s people who make decisions. Getting to the right person is more important than knowing where the bodies are buried. I know generally how insurance companies are structured and where to look for the right person. Sometimes, a face-to-face meeting between the right person and my client is what gets the issue resolved.
© 2014 The Texas Lawbook. Content of The Texas Lawbook is controlled and protected by specific licensing agreements with our subscribers and under federal copyright laws. Any distribution of this content without the consent of The Texas Lawbook is prohibited.
If you see any inaccuracy in any article in The Texas Lawbook, please contact us. Our goal is content that is 100% true and accurate. Thank you.