Logo
 






1700 Pacific Ave.
Suite 4500
Dallas, Texas 75201
Phone 214.751.7900
Fax 214.751.7888
 
Paul Koning  

Bart Wulff


Partner
Koning Rubarts LLP

Phone: 214.751.7890
Fax: 214.751.7888
E-mail Mr. Wulff

Print Version
Download vCard

Mr. Wulff has more than 35 years’ experience as a trial and appellate lawyer. Throughout his career he has specialized in commercial litigation representing clients ranging from Fortune 100 companies with a large and sophisticated in-house legal staff to individuals with substantial business interests to assert or protect.

Mr. Wulff has handled complex litigation matters for major national and international insurance agencies, policyholders, insurance companies, hedge funds, technology distribution companies, transportation companies, financial institutions, agri-business, commodity trading, and motion picture distributing firms, among others.

He currently represents the Marsh & McLennan Companies in a range of E&O and commercial disputes, and acts as personal counsel for policyholders whose claims are being defended by their insurance carrier, but who face exposure to potential excess or otherwise uninsured risks. He recently represented a policyholder in defending against its D&O insurance company’s assertion of a late notice defense resulting in a landmark Texas Supreme Court decision requiring prejudice as a prerequisite for a late notice defense  in claims made policies. He advises clients on all aspects of risk management.

In the past, he has represented attorneys who have been joined as parties in litigation, Ingram Micro in business disputes arising from its computer product distribution business, defended insurance intermediaries in the three-month trial of a reverse bad faith and insurance agent malpractice case, and represented Alexis, Inc. in the case of Natividad v. Alexis, in which he secured a landmark Texas Supreme Court decision that his client owed no duty of good faith and fair dealing under Texas law. He represented Southwest Airlines in a range of litigated matters over a period of more than 20 years.

Representative Cases

Insurance Cases
  • Represented Consumers County Mutual Insurance Company in securing and sustaining on appeal dismissal of federal class action alleging rate discrimination in non-standard automobile insurance market.  Toni Hollinger, et al. v. Home State County Mutual Insurance Company, et al., 654 F.2d 564 (5th Cir. 2011)
  • Successful representation of a policyholder in reversing its directors and officers insurance carrier’s denial of coverage for securities claims based on late notice and policy exclusions.  XL Specialty Insurance Company v. Financial Industries Corporation, No. 06-51683, in the Court of Appeals for the Fifth Circuit, 2009 U.S. App. LEXIS 11836 (5th Cir. June 1, 2009).  Financial Industries Corporation v. XL Specialty Ins. Company, 285 SW 3rd 877 (TX 2009). To view oral argument go to: http://tinyurl.com/b8g89bc
  • Secured and sustained on appeal summary judgment dismissing $66 million professional liability claim against Marsh USA Inc. for 9/11 business interruption damages.  Wyndham Intern. v. Ace American Insurance Co., et al., 186 SW 3d 682 (Tex. App. – Dallas 2006, no pet.)
  • Secured and sustained on appeal summary judgment for Mercer Human Resource Consulting, Incorporated dismissing multi-million dollar claim for unfair trade practices and tortious interference.  Richardson-Eagle, Inc. v. William M. Mercer Inc., 213 S.W. 3d 469 (Tex. App. – Houston [1st Dist.] 2006, pet. denied)
  • Secured and sustained on appeal summary judgment in a multi-million dollar insurance agent professional liability claim against Marsh USA Inc.  Estate of Geneva Caraway Hunt v. St. Paul Guardian Ins. Co., 2006 Tex. App. LEXIS 3087 (Tex. App. – San Antonio April 19, 2006) (pet. denied)
  • Secured complete victory for client in litigation between insurance companies concerning responsibility for aviation collision claim.  Insurance Company of Pennsylvania v. Ranger Insurance Company, 2004 TX App. LEXIS     4406 (TX. Ct. of Appeals – Dallas May 17, 2004; pet. denied)
  • Secured multi-million dollar settlement for policyholder clients in coverage case against D&O carrier.  Active Power, Inc. v. Greenwich Ins. Co., No. GN 402225 (53rd Dist. Ct., Travis County, TX)
  • Represents the Marsh & McLennan Companies in a range of E&O and commercial disputes
  • Representing Marsh & McLennan Companies Inc. and subsidiaries in all Texas litigation involving contingent commissions
  • Represents policyholders in coverage disputes with carriers
  • Acts as personal counsel for policyholders whose claims are being defended by their insurance carrier subject to a reservation of rights and exposure to excess or uninsured claims
  • Defended insurance agency from claims brought by receiver of insurance company seeking to rescind placement of insurance programs for agent’s client
  • Represented insurance agency in litigation arising from unsuccessful attempt to create new risk transfer mechanism
  • Represented insurance agency in dispute over application of co-insurance provisions to business interruption claims arising from Ft. Worth tornado
  • Represented insurance agent in litigation alleging failure to properly advise client on adequacy of insurance program to cover sexual harassment exposure
  • Assisted insurance agent and independent school district in reversing cancellation of wrap-up insurance program for ongoing school construction program
  • Defended multiple insurance agents in litigation by clients asserting failure to properly advise and place coverage for computer errors and omissions coverage
  • Represented Alexander & Alexander Inc. in a three-month trial of an reverse bad faith and insurance agent malpractice case
  • Represented Alexsis Inc. in the case of Natividad vs. Alexsis, in which he secured a Texas Supreme Court decision that client owed no duty of good faith and fair dealing under Texas law.  Rosa Natividad v. Alexis, Inc., et al., 875 SW 2d 695 (Tex. 1994)
For detailed information regarding Mr. Wulff’s education, court admissions and activities, click here.