Cozen O’Connor: Curran, Alicia G.

Alicia G. Curran

Member

Dallas

(214) 462-3021

(866) 248-5742

Recent News:

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

Alicia represents and advises insurance companies in complex coverage and extracontractual third- and first-party matters.

Alicia leads a legal team focusing on the representation of insurers and the defense of their insureds. Her emphasis on early development of factual issues, innovative case positioning, problem resolution, and timely information assists her clients in obtaining positive case results. Now concentrating her practice in the areas of bad faith insurance litigation, insurance coverage, and agent and broker malpractice, she also has prior experience and continues to receive litigation assignments involving professional liability, defamation, business disputes, construction defect, premises liability, and general tort matters.

Alicia earned her Bachelor of Business Administration, from Texas Tech University, where she specialized in finance. She also has a Master of Business Administration from Southern Methodist University and earned her law degree from Southern Methodist University Dedman School of Law. Alicia chairs Cozen O'Connor's Bad Faith Practice Group.

Experience

News

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

126 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 22, 2018

One hundred twenty-six Cozen O’Connor lawyers from 20 of the firm’s national offices have been selected for inclusion in the 2018 edition of The Best Lawyers in America.

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

Cozen O'Connor Launches New Blog Avoiding Insurance Bad Faith

April 08, 2013

As the name suggests, the latest blog from Cozen O'Connor will offer insight into the issues that surround allegations of bad faith or other unfair business practices.

Cozen O’Connor Members Lecture On Bad Faith Litigation

December 02, 2008

Cozen O’Connor Members Lecture On Bad Faith Litigation

Publications

Texas Supreme Court Identifies Claims that Survive the Payment of an Insurance Appraisal Award [Alert]

July 17, 2019

Donnie M. Apodaca, II, Stephen Pate, and Alicia G. Curran discuss two recent the Supreme Court of Texas’s decisions and considerations for insurers before they invoke appraisal and pay the appraisal awards.

Fort Worth Court of Appeal Reverses Judgment Awarding Bad Faith Damages Against Insurer [Avoiding Insurance Bad Faith Blog]

November 14, 2018

While the November 8, 2018 Court of Appeal of Texas, Fort Worth Division opinion reverses a trial court’s judgment on grounds of legal insufficiency and standing, the court’s analysis and application of current Texas bad faith law is of much more interest. The trial court judgment held that Old...

PA Supreme Court Addresses Level of Proof Required Under Statutory Bad Faith Claim [Avoiding Insurance Bad Faith Blog]

September 29, 2017

In an opinion dated September 28, 2017, the Pennsylvania Supreme Court, Western District, considered as an issue of first impression the level of proof required to prevail in a bad faith claim, examining the elements of a bad faith insurance claim under the PA bad faith statute, 42 Pa.C.S. Section...

Texas Supreme Court Clarifies Viability of Statutory Extracontractual Claims in Absence of Coverage [Global Insurance Alert]

April 11, 2017

Alicia G. Curran and Ron Tigner discuss the Texas Supreme Court's decision setting forth five “distinct but interrelated rules” that govern the relationship between contractual and extracontractual claims in the first party insurance context.

“Succeeds to the Interests of” Does Not Require Assumption of Obligations: D&O Policy’s Insured v. Insured Exclusion Applies to Claim Assigned to Fidelity Insurer; No Bad Faith [Avoiding Insurance Bad Faith Blog]

March 02, 2017

On February 24, 2017, the Texas Supreme Court reinstated a state trial court ruling that an “insured-versus insured” exclusion barred coverage under a D&O policy for the costs of defending a lawsuit. Because the D&O insurer demonstrated, as a matter of law, that the exclusion applied and no...

Fifth Circuit Provides Road Map for Review and Trial of Bad Faith Claims in Mississippi [Avoiding Insurance Bad Faith Blog]

January 06, 2017

Mississippi essentially has three levels of claim when insurance is at issue: (1) mere breach of contract, allowing recovery of contract damages; (2) breach of contract + no arguable basis for breach, which entitles recovery of consequential damages; and (3) breach of contract + no arguable basis...

Hawaii Supreme Court Holds a Primary Insurer Cannot Gamble with the Excess Insurer’s Money [Global Insurance Alert]

July 30, 2015

The Hawaii Supreme Court, providing three separate reasons, held that the excess insurer could bring a cause of action for equitable subrogation.

Alabama’s High Court: No Contract Means No Bad Faith [Avoiding Insurance Bad Faith Blog]

May 18, 2015

In many states, pleading and proving the existence of a valid contract is necessary for both a breach of contract cause of action and also for a viable bad faith claim, and the Alabama Supreme Court addressed exactly that issue last year in Alfa Life Ins. Corp. v. Kolza 159 So.3d 1240 (Ala., Aug....

Fifth Circuit Reaffirms the Importance of a Reasonable Claim Investigation Prior to Denial [Global Insurance Alert]

November 18, 2014

In Santacruz v. Allstate Texas Lloyds, Inc., 2014 WL 5870429 (Nov. 13, 2014), the 5th Circuit allowed a policyholder to pursue a claim for common law and statutory bad faith even though the policyholder repaired the alleged damage before the insurer was able to observe that damage.

Water Loss Case Gives Rise to Dispute Over Bad Faith Standard For ‘Genuine Dispute’ and Admissibility of Expert Evidence [Avoiding Insurance Bad Faith Blog]

August 05, 2014

In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the Ninth Circuit, relying on California law upheld a grant of summary judgment dismissing the insured’s business interruption claim as speculative and, by a split...

The Hawaii Supreme Court Answers "Other Insurance" Provisions and the Duty to Defend [Avoiding Insurance Bad Faith Blog]

February 19, 2014

The Hawaii Supreme Court in Nautilus Ins. Co. v. Lexington Ins. Co., --- P.3d ----, 2014 WL 560805 (2014), answers the following certified questions from the 9th Circuit on "other insurance" provisions and the duty to defend: 1. Whether an insurer may look to another insurer's policy in order to...

Contractual Liability Exclusion Clarified by Texas Supreme Court in Ewing Constr. v. Amerisure [Global Insurance Alert]

January 27, 2014

In Ewing Construction Co. Inc. v. Amerisure Ins. Co., No. 12-0661, 2014 WL 185035 (Tex. Jan. 17, 2014), the Texas Supreme Court held that a general contractor who agrees to perform construction work in a “good and workmanlike manner” does not “assume liability” for damages arising out of the contractor’s defective work so as to trigger the contractual liability exclusion in a commercial general liability policy. This holding substantially clarifies the Texas Supreme Court’s prior holding in Gilbert Texas Construction LP v. Underwriters at Lloyd’s London, 327 S.W.3d 118 (Tex. 2010).

Alabama Supreme Court Corrects the Perception that a Alabama Law Contemplates Two Bad Faith Torts [Global Insurance Alert]

October 24, 2013

In Brechbill v. State Farm Fire & Cas. Co., No. 1111117, ___ So. 3d ___, 2013 WL 5394444, 2013 Ala. LEXIS 126 (Ala. Sept. 27, 2013), the Alabama Supreme Court held that there is only one, as opposed to two, causes of action for bad faith. More important, the Alabama Supreme Court held that a bad faith claim, no matter how plead, will not survive when an insurer can show a debatable reason for the denial.

The Property Adjuster’s Toolbox

October 08, 2013

The Property Adjuster’s Toolbox is a three-part webinar series presented by members of the firm’s Global Insurance Department. The presentations discuss the nuts and bolts of investigating and adjusting a claim under a first-party property insurance policy.

Texas Hurricane Season: Statutory Requirements for Handling Claims [Avoiding Insurance Bad Faith Blog]

September 30, 2013

For Texans, the prime hurricane season from August to September is now over. Although there were no big storms this year, claims handlers still need to be attentive to timely adjusting their first party claims. The Texas Prompt Payment of Claims Act mandates prompt payment of claims. See Tex. Ins....

An Insurer Cannot Claim That It Was Unaware of Claims Handling Statutes As A Defense To Bad Faith [Global Insurance Alert]

September 05, 2013

The South Dakota Supreme Court in Bertelsen v. Allstate Insurance Co. (1) held that an insurer cannot avoid bad faith liability by claiming it did not know about controlling claims handling statutes, and (2) reaffirmed that an insurer cannot rely upon claimants to provide a copy of the applicable laws (i.e., a copy of the claims handling statutes), especially in the absence of a request.

Florida No-Fault Examination Under Oath Requirement – One of These Policies Is Not Like the Other [Global Insurance Alert]

September 05, 2013

Due to changes effective January 1, 2013, the Florida Motor Vehicle No-Fault Law now codified the insured’s obligation to submit to an examination under oath. At first it may seem odd that the Florida legislature had to go to such great lengths to incorporate, and explicitly condition, the receipt of no-fault benefits on the insured’s submission to an examination under oath. However, a brief look at the recent trends leading to this change demonstrates why the Florida legislature rewrote insurance contract law in the no-fault context.

NY Court to Insurers: If You Breach Your Duty to Defend, You May Lose Your Defenses to Indemnification [Global Insurance Alert]

June 14, 2013

The New York Court of Appeals, New York’s highest state court, recently held – in what appears to be a new position in New York – that an insurer that breached its duty to defend could not later rely on otherwise applicable exclusions to deny coverage for indemnification.

Finding Bad Faith in Kentucky Requires Evidence of Outrageous Conduct By Insurer [Global Insurance Alert]

February 13, 2013

In its recent decision in Powell v. Cherokee Insurance Company, Case No.: 5:09-CV-00205, the U.S. District Court for the Western District of Kentucky reaffirmed that in a third-party bad faith lawsuit alleging failure to timely settle a personal injury claim, the third-party claimant must produce evidence of conduct by the insurer that is outrageous, because of the defendant’s evil motive or his reckless indifference to [her] rights in order to establish a bad faith claim under the Kentucky Unfair Claims Settlement Practices Act (UCSPA).

Third-Party Bad Faith Litigation - Insurers' Attorney-Client Privilege and Work Product Doctrine Protections Limited by Tripartite Relationship in Underlying Liability Action [Global Insurance Alert]

January 14, 2013

In what may be the continuation of a trend toward the erosion of the attorney-client privilege and work product doctrine in bad faith litigation, another court has held that an insurer's communications with defense counsel retained for the insured in an underlying liability suit are discoverable and not subject to the attorney-client privilege or work product doctrine in a subsequent third-party bad faith lawsuit, under Georgia law.

Does A Bad Faith Cause of Action Survive an Appraisal Award? The Answer May Be "It Depends" [Global Insurance Alert]

November 15, 2012

Earlier this year, the U.S. District Court for the Southern District of Texas ruled an insured can pursue its bad faith claim even where the insurer made timely payment of the appraisal award and the court dismissed the breach of contract claim on summary judgment. Intermodal Equip. Logistics, LLC and Sea Train Logistics, LLC v. Hartford Accident & Indem. Co., No. 3:10-cv-00458 (S.D. Tex. Galveston Div. May, 24, 2012).

Fifth Circuit Rejects Insured's Efforts to Secure Independent Counsel

November 06, 2012

On October 15, 2012, the U.S. District Court of Appeals for the 5th Circuit – applying Texas law – addressed another Cumis counsel matter. See Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty Ins. Co., No. 12-10055, 2012 WL 4858194 (5th Cir. Oct. 15, 2012).

Texas Supreme Court Revisits Ruttiger Extracontractural Liability in Workers' Compensation Claims All But Vanquished [Global Insurance Alert!]

September 25, 2012

Texas Supreme Court Revisits Ruttiger Extracontractural Liability in Workers' Compensation Claims All But Vanquished - Global Insurance Alert! - On June 22, 2012, the Texas Supreme Court, in Texas Mutual Insurance Company v. Ruttiger, withdrew its original August 26, 2011 opinion, substituting it with an opinion that even further limits a claimant’s extra-contractual rights in a workers’ compensation matter.

Florida Appellate Court Holds that Appraisal Award Constitutes a 'Favorable Resolution' and Permits Insured to Pursue Bad Faith Claim [Global Insurance Alert]

September 20, 2012

Florida Appellate Court Holds that Appraisal Award Constitutes a 'Favorable Resolution' and Permits Insured to Pursue Bad Faith Claim - Global Insurance Alert - The Florida District Court of Appeal, Fourth District, recently held that an appraisal award in favor of an insured constitutes the "favorable resolution" of an action for insurance benefits necessary to proceed with a statutory first-party bad faith action under Florida law. Trafalgar v. Zurich Ins. Co., 2012 WL 3822215 (Fla. App. 4 Dist. Sept. 5, 2012).

Recent Arizona Court Opinion Reduces Ratio of Bad Faith Punitive Damages Award to a 1:1 Ratio to Compensatory Damages [Global Insurance Alert]

July 24, 2012

Recent Arizona Court Opinion Reduces Ratio of Bad Faith Punitive Damages Award to a 1:1 Ratio to Compensatory Damages - Global Insurance Alert - In its recent decision, the Arizona Appellate Court, Division One, affirmed a bad faith verdict in the amount of $155,000 and held that the $55 million punitive damages award against the insurer was “unconstitutionally excessive.”

New Ninth Circuit Decision Purportedly Imposes Duty on California Insurers to Negotiate a Settlement within Policy Limits [Global Insurance Alert!]

July 02, 2012

New Ninth Circuit Decision Purportedly Imposes Duty on California Insurers to Negotiate a Settlement within Policy Limits - Global Insurance Alert! - The recent Du v. Allstate Ins. Co. opinion is the 9th Circuit’s Erie guess of the proper interpretation of a long-standing issue
of California bad faith law: whether an insurer has a duty to attempt to settle within policy limits even if there is no policy limits demand, and, if so, when that duty attaches. The 9th
Circuit ruled that an insurer does have the duty to attempt to settle a claim within policy limits when it is “reasonably clear”

Florida Supreme Court Confirms: No Common Law First Party Bad Faith Cause of Action [Global Insurance Alert]

June 15, 2012

On May 31, 2012, the Florida Supreme Court rendered its 32 page, long-awaited decision in QBE Insurance Corp. v. Chalfonte Condominium Apartment Association, Inc. The court reaffirmed that Florida does not recognize the common law duty of good faith and fair dealing in the context of a first-party claim, a claimant only has a statutory first-party bad-faith cause of action, and Florida courts shall not rewrite insurance contracts.

Texas Supreme Court Severely Limits Extracontractual Liability in Workers' Compensation Claims [Insurance Coverage Alert!]

August 29, 2011

Texas Supreme Court Severely Limits Extracontractual Liability in Workers' Compensation Claims - Insurance Coverage Alert! - On August 26, 2011, in a highly anticipated decision, the Texas Supreme Court held in Texas Mutual Insurance Company v. Ruttiger that: (1) claims against workers’ compensation insurers for unfair settlement practices may not be made under the Texas Insurance Code; but (2) claims under the Texas Insurance Code may be made against workers’ compensation insurers which misrepresent provisions of their policies. Of critical import, however, the court emphasized that an insurer

Florida Supreme Court Upholds Attorney-Client Privilege in Bad Faith Discovery [Insurance Coverage Alert!]

April 01, 2011

On March 17, 2011, the Florida Supreme Court finally resolved years of speculation, conjecture, and debate regarding the seemingly endless boundaries of permissible discovery of attorney-client communications in the bad faith context. The Florida Supreme Court’s decision in Genovese v. Provident Life and Accident Insurance Company reaffirmed the sanctity of the attorney-client privilege and specifically conscripted it from falling into the Ruiz vortex of discovery in bad faith cases.

Hurricane Ike—A Powerful and Costly Storm Hits Texas [Insurance Coverage Alert!]

September 15, 2008

Hurricane Ike—A Powerful and Costly Storm Hits Texas - Insurance Coverage Alert! -

Summer 2008 [Insurance Coverage Observer]

August 30, 2008

We take pride at Cozen O’Connor in addressing new developments that will affect our clients. In this issue, we include a special report on two new decisions from New Jersey on bad faith in the UM/UIM context.

Insurance Coverage Observer [Winter 2008]

February 26, 2008

In this issue, we consider a number of emerging issues and also identify key developments in coverage in 2007. We summarize new court decisions dealing with toxic torts, environmental coverage, insolvency and regulatory issues, and construction defect. We feature a key construction defect coverage case in Illinois with important implications. We address global warming in the context of directors with officers liability coverage. Finally, we discuss the emerging areas of fax blast and food contamination, and the impact of the reauthorization of TRIA.

2007 Insurance Coverage Seminar - New York City [Seminar Presentation - Program Book]

October 23, 2007

2007 Insurance Coverage Seminar - New York City - Seminar Presentation - Program Book - Speaker profiles, Practical Issues in Enforcement of Claims-Made Policies, Basics of D&O Insurance, Analyzing a Claim with Results Oriented to Your Best Interest in Spite of an Extra-Contractual Twist, "Food Fight!" Who Pays When Good Food Goes Bad?, Maritime Insurance: Recurring Coverage Issues, Managing Discovery of Electronic Information: A Pocket Guide for Judges

Events & Seminars

Past Events

Coverage B Developments

June 06, 2019 - San Antonio, TX

2017 CLM & Business Insurance Construction Conference

October 09, 2017 - San Diego, California

2017 CLM Annual Conference

March 29, 2017 - Nashville, TN

The Avoidance of Bad Faith Claims

March 14, 2012 - London, England

Council on Litigation Management Conference

March 23, 2011 - New Orleans, LA

ACI: Bad Faith Litigation

November 30, 2010 - Orlando, FL

Mealey’s Bad Faith Litigation Conference

November 06, 2008 - New York, NY

Mealey's Bad Faith Litigation Conference

September 24, 2007 - Philadelphia, PA

Industry Sectors

Education

  • Southern Methodist University, J.D., 1982
  • Southern Methodist University, M.B.A., 1978
  • Texas Tech University, B.B.A., 1977

Awards & Honors

Former co-chair of the Ethics & Professionalism Subcommittee of the ABA Section of Litigation Insurance Coverage Litigation Committee (ICLC)

Best Lawyers in America 2018-2020

  • Texas
  • Texas Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court -- Eastern District of Texas
  • U.S. District Court -- Northern District of Texas
  • U.S. District Court -- Southern District of Texas
  • U.S. District Court -- Western District of Texas
  • U.S. Court of Appeals for the Third Circuit
  • American Bar Association
  • Dallas Bar Association
  • Defense Research Institute
  • CLM