Summer Frederick

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Summer Frederick Partner


  • Dallas
  • 214.379.4763
  • .(JavaScript must be enabled to view this email address)

Summer Frederick represents insurers in litigation, provides advice regarding policy interpretation, and assists with responding to Stowers demands.  She is experienced with both first and third-party insurance, and a variety of coverage forms. Her prior experience as an agent, a claims counsel, and a coverage counsel brings value to her clients because she naturally identifies issues from multiple perspectives.

Summer is board certified in insurance law with the Texas Board of Legal Specialization.

Outside of work, Summer enjoys a busy life with her husband and three children, two cats, three dogs, and various other pets. She volunteers for her childrens’ activities and is always busy planning her next trip.

Services

  • Litigation

Education

  • SMU Dedman School of Law, J.D., 2008
  • University of North Texas, B.S., 2000

Admissions

  • State Bar of Texas
  • United States Court of Appeals for the Fifth Circuit
  • 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 Eastern District of Texas
  • United States District Court for the Western District of Texas

Distinctions & Certifications

  • Board Certified in Insurance Law by the Texas Board of Legal Specialization
  • Texas Super Lawyers Rising Stars list, Thompson Reuters Legal, 2012 – 2014
  • Texas Super Lawyers list, Thompson Reuters Legal, 2014
  • Texas Bar College Member

Representative Experience

  • Successfully obtained summary judgment for property insurer on contractual and extracontractual claims in a dispute regarding damage from Hurricane Laura. The insured alleged the insurer underpaid its claim and offered a contractor’s estimate as a damage report. The court held that the report, which contained only photographs and line-item costs, was not competent summary judgment evidence.
  • Successfully obtained summary judgment, following a successful motion for reconsideration, in a case where the insured sought to recover under a general liability policy for its own damaged property. The court held that the insured was not entitled to recover because general liability insurance is third-party coverage. The court’s holding was subsequently affirmed by the Fifth Circuit.
  • Obtained ruling on summary judgment that a pollution exclusion in a general liability policy precluded an insurer’s duty to defend where the underlying plaintiff alleged that injury was caused by toxic fumes and inhalation of methane gas.
  • Successfully obtained ruling on summary judgment that an insurer had no duty to defend or indemnify for claims of negligent misrepresentation that resulted in only economic injury, as there were no claims of “property damage” caused by an “occurrence.”
  • Successfully obtained ruling on summary judgment that an insurer had no duty to defend or indemnify an insured homebuilder for construction defect claims. All potentially covered damages could be linked to either shoddy work or the foundation, and the policy contained defective work and earth movement exclusions. The court’s holding was subsequently affirmed by the Fifth Circuit.
  • Obtained ruling on summary judgment that an insurer had no duty to defend parties as additional insureds in an underlying lawsuit related to wrongful death at a nightclub. The court’s holding was subsequently affirmed by the Fifth Circuit.
  • Obtained ruling on summary judgment that it was proper to look to original underlying pleading instead of the latest amendment due to the presence of artful pleadings. The policy’s assault and battery exclusion precluded insurer’s duties to defend and indemnify.
  • Assisted in facilitating successful settlement inf dispute involving hurricane damage to more than 400 rental properties following Hurricane Ike.
  • Successfully obtained default judgments on the merits in multiple cases.

Professional Activities

  • Managing Editor of the Journal of Texas Insurance Law
  • Member of Right off the Press
  • Council Member of the Insurance Law Section of the State Bar of Texas, 2023 – 2025
  • Member, State Bar of Texas, Tort and Insurance Section
  • Member, State Bar of Texas, Construction Section

Publications & Speeches

  • Presenter, Late Notice, Voluntary Payment, and Lack of Cooperation, 30th Annual Insurance Symposium, April 2024
  • Presenter, Keep Truckin! Insurance Coverage and the MCS-90, 30th Annual Insurance Symposium, April 2023
  • “Cybersecurity Insurance: Current Conditions,” October 2022 ed. of Headnotes
  • “Cybersecurity Insurance: Both Valuable and Bewildering,” June 15, 2022 authored article for publication
  • Presenter, An Overview of Construction Liability Insurance in Texas, 15th Annual Construction Symposium, April 2019
  • Presenter, Appraisals, 26th Annual Insurance Symposium, April 2019
  • “Why We Could Cry Over Spilled Milk,” September 17, 2018 authored article for publication
  • Presenter, SIU/Fraud – Red Flag!, 25th Annual Insurance Symposium, April 2018
  • “Update on Statute of Limitations in Texas Bad Faith Claims,” Law 360, January 18, 2017
  • “How Late is too Late to Amend Insurance Appraisals?” Law 360, November 22, 2016
  • Eight Corners and True Facts, November 2013 ed. of Headnotes
  • Co-Presenter, Auto Coverage Under General Liability Policies, 16th Annual Insurance Law Conference
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