Robert J. Witmeyer

Prev   |   Next

Robert J. Witmeyer Partner


  • Dallas
  • 214.379.4761
  • .(JavaScript must be enabled to view this email address)

Rob is a partner in the Dallas office of Mayer LLP.  He is board certified in insurance law in Texas.  Before entering private practice, Rob clerked for the Honorable Harry Lee Anstead at the Florida Supreme Court.

Rob focuses his practice on insurance coverage issues.  He has extensive experience analyzing complex coverage issues involving commercial auto, commercial property, cyber liability, directors & officers, excess and umbrella, general liability, and professional liability policies.  Clients frequently retain Rob to advise them on policy limits/Stowers demands.

Rob also has extensive appellate and litigation experience, with a primary emphasis on “bad faith,” breach of contract, and declaratory judgment actions in courts around the country. He has worked on a wide variety of coverage disputes, including those involving advertising injuries, construction defects, environmental accidents, hail and wind damage, liquor liability, professional malpractice, trucking accidents, and uninsured motorists' claims. He has also handled sophisticated contract disputes involving insurance and indemnity issues in the oil and gas industry.

Rob has been selected by his peers as a Texas Super Lawyer every year since 2020 and Best Lawyers in Dallas since 2018.  He is also a frequent author and lecturer on emerging coverage issues.   

He is originally from New Orleans, Louisiana.  He and his wife, Sara, have two daughters, Elizabeth and Katherine.  Rob volunteers frequently with his daughters’ school and other community organizations.  Rob has served as a board member with the Epilepsy Foundation Texas-Dallas/Fort Worth for the past six years.

Services

  • Litigation

Education

  • University of Miami School of Law, L.L.M., 2004
  • The Catholic University of America, Columbus School of Law, J.D., 2003
  • Tulane University, B.A.,1999

Admissions

  • State Bar of New Mexico, 2019
  • State Bar of Texas, 2014
  • State Bar of Florida, 2005
  • State Bar of New York, 2004
  • United States Court of Appeals for the Fifth Circuit
  • United States Court of Appeals for the Eighth Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Northern District of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of Texas
  • United States District Court for the Middle District of Florida
  • United States District Court for the Northern District of Florida

Representative Experience

  • Finger Oil & Gas, Inc. v. Mid-Continent Cas. Co., 5-20-CV-00712, 2021 WL 1241972 (W.D. Tex. Apr. 27, 2022)
  • Star Ins. Co. v. Montoya, No. 1:19-CV-1243-RP, 2021 WL 1135030 (W.D. Tex. Mar. 8, 2021)
  • Liberty Surplus Ins. Corp. v. Century Ins. Co., Case No. H-18-1444, 2019 WL 3067504, In the United States District Court, S.D. Texas, July 12, 2019
  • Evanston Ins. Co. v. Mid-Continent Cas. Co., Case No. 17-20812, 2018 WL 6037507, United States Court of Appeals, Fifth Circuit, November 19, 2018
  • Children’s Hospital Colorado v. Lexington Insurance Company, 2017 WL 1356092, Civil Action No. 15-cv-01904-RPM in the United States District Court, D. Colorado, April 13, 2017
  • Patton v. Mid-Continent Casualty Company, 2016 WL 3900799; In the United States District Court, S.D. Texas, Houston Division. July 19, 2016
  • Capson Physicians Insurance Company v. MMIC Insurance Inc., United States Court of Appeals, Eighth Circuit. July 19, 2016 829 F.3d 951 2016 WL 3902654
  • Mid-Continent Casualty Company v. Christians Development Company, Inc., United States District Court, W.D. Texas, Austin Division. June 09, 2016 Slip Copy 2016 WL 6075573
  • SPJST Lodge #154 and American Sokol Organization v. Century Surety Company, 2015 WL 12699508, In the United States District Court, N.D. Texas, Fort Worth Division, November 23, 2015
  • Evanston Ins. Co. v. Harbor Walk Development, LLC, 814 F.Supp.2d 635 2011 WL 4495686; In the United States District Court, E.D. Virginia, Norfolk Division. September 09, 2011
  • General Fidelity Ins. Co. v. Foster, 808 F.Supp.2d 1315 2011 WL 3962646, In the United States District Court, S.D. Florida. March 24, 2011
  • Golding v. Drescher, 56 So.3d 14 (Table, Text in WESTLAW), Unpublished Disposition 2011 WL 918367; In the District Court of Appeal of Florida, Fourth District, March 16, 2011
  • Advantage General Ins. Co., Ltd. v. KILN/QBE Intern., 8 So.3d 1213 2009 WL 1139247, In the District Court of Appeal of Florida, Fourth District. April 29, 2009
  • Zeiger Crane Rentals, Inc. v. Double A Industries, Inc., District Court of Appeal of Florida, Fourth District. August 05, 2009 16 So.3d 907 2009 WL 2382320
  • System Components Corp. v. Department of Transp., District Court of Appeal of Florida, Fifth District. July 03, 2008 985 So.2d 687 2008 WL 2605058

Publications & Speeches

  • Presenter, An Update on Stowers, 31st Annual Insurance Symposium, Cooper & Scully, April 5, 2024
  • Presenter, The Texas Anti-Indemnity Act, 18th Annual Construction Symposium, Cooper & Scully, February 2, 2024
  • Presenter, Stowers: Back to the Basics, 30th Annual Insurance Symposium, Cooper & Scully, April 21, 2023
  • Presenter, Stowers: Predictable Plots and Stumbling Blocks – A Panel Discussion, 30th Annual Insurance Symposium, Cooper & Scully, April 21, 2023
  • Co-Presenter, Keep Truckin’! Coverage and the MCS-90, 30th Annual Insurance Symposium, Cooper & Scully, April 21, 2023
  • Co-Presenter, Rescission vs. Cancellation, 29th Annual Insurance Symposium, Cooper & Scully, April 8, 2022
  • Presenter, Update on the Eight Corners Rule in Texas, 29th Annual Insurance Symposium, Cooper & Scully, April 8, 2022
  • Presenter, Construction Update, 18th Annual Advanced Insurance Seminar, October 1, 2021
  • Presenter, Anti-Indemnity Laws Impact on Construction Projects, 2021 CLM Construction Conference, September 23, 2021
  • Co-Author, Puzzling Out the Laws, CLM Construction Claims Magazine, September 2021
  • 542A Elections, 28th Annual Insurance Symposium, Cooper & Scully, April 9, 2021
  • Exploring the 8 Corners Rule: Extrinsic Evidence & The Duty to Defend, 28th Annual Insurance Symposium, Cooper & Scully, April 9, 2021
  • The Anti-Indemnity Act’s Impact on the Duty to Defend, 16th Annual Construction Symposium, Cooper & Scully, January 29, 2021
  • COVID-19 and Business Interruption Insurance: What You Need to Know, 27th Annual Insurance Symposium, Cooper & Scully, October 29, 2021
  • THC, CBD, and Me: The ABC’s of Cannabis and its Effect on Claims, Medicine, Legislation, and Litigation, CLM Focus, November 3, 2020
  • COVID-19 and Business Interruption Insurance: What You Need to Know, 26th Annual Insurance Symposium, Cooper & Scully, October 29, 2020
  • Ripping and Tearing Your Way Into Coverage, CLM Construction Conference, October 1, 2020
  • Determining the Applicable Substantive Law for the Insurance Coverage Lawsuit, 17th Annual Advanced Insurance Law Course, State Bar of Texas, June 4, 2020
  • Peeking Behind the Curtain: Use of Extrinsic Evidence in the Duty to Defend, 15th Annual Construction Symposium, Cooper & Scully, January 31, 2020
  • No Coverage for Attorney's Fees, 25th Annual Insurance Symposium, Cooper & Scully, April 5, 2019
  • Insurance Coverage for Rip and Tear Costs, 14th Annual Construction Symposium, Cooper & Scully, January 25, 2019
  • Unlocking the Mystery of Use of Extrinsic Evidence in the Duty to Defend, Cooper & Scully Webinar, September 19, 2018
  • U.S. Metals and the Aftermath, 25th Annual Insurance Symposium, April 2018
  • Last Man Standing: Allocation of Settlements and Triggering Coverage, 13th Annual Construction Symposium, January 2018
  • I Rip, You Tear, the Carrier Pays?, 2017 CLM & Business Insurance Construction Conference, October 11, 2017
  • Allocation and Other Insurance, 24th Annual Insurance Symposium, April 7, 2017
  • Texas Supreme Court Denies Rehearing in U.S. Metals v. Liberty Mutual, Insurance Law Section, State Bar of Texas
  • Texas Supreme Court Denies Rehearing in U.S. Metals v. Liberty Mutual, Journal of Texas Insurance Law, Fall 2016, Volume 14, Number 2. 
  • U.S. Metals: "Physical Injury"; "Impaired Property" Exclusion; Impact On “Rip And Tear” Costs, 23rd Annual Insurance Symposium, April 8, 2016
  • UTCLE 19th Annual Insurance Law Institute, Co-Author of “Environmental Claims:  Old Battles—New Issues,” November 13-14, 201
  • Burden of Proof in Coverage Litigation (in five parts), IRMI (2013-14)
  • Arising out of: How Strong is the Connection?, IRMI (August 2010)