Colin Batchelor

Full Profile

Colin Batchelor’s practice is focused on representing insurance carriers in complex insurance litigation, including coverage matters and extra-contractual claims. Colin has extensive prior experience at an international trial law firm representing clients in a variety of litigated and non-litigated matters. He has handled insurance disputes arising out of a wide variety of policies, including general liability, property, homeowners, automobile, fidelity, and professional liability.

Colin also has experience in handling complex construction litigation, including defending and counseling owners, contractors, design professionals, and a variety of other clients in all aspects of construction and surety litigation.

Admissions

• Texas
• California
• US District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
• US District Courts for the Northern and Central Districts of California
• US Court of Appeals for the Fifth Circuit

Education

• J.D., Pepperdine University School of Law, 2000. Literary Editor, Pepperdine Law Review and Vice Chairman, Pepperdine Moot Court Board.
• B.S., Abilene Christian University, 1993

Memberships

• American Bar Association, Tort and Insurance Practice Section
• Dallas Bar Association
• Christian Trial Lawyers Association
• State Bar of Texas, Insurance Law Section

Experience

• Obtained summary judgment in multi-million-dollar claim arising out of alleged hail damage to a commercial property (state court).
• Obtained a bench verdict for a surety company in an action filed in the US Bankruptcy Court for the Southern District of Texas, Houston Division. The defendant, the president and co-owner of a specialty subcontractor with projects across the South, forged the signatures of three of his relatives on an indemnity agreement issued by the surety. Without the indemnity agreement, the surety would not have issued bonds on behalf of the defendant’s business. As a result of issuing the bonds, the surety suffered losses exceeding USD 3 million. After admitting to the forgery, the defendant executed a consent judgment. The defendant then filed for bankruptcy. After a four-day bench trial, the court found that the defendant committed actual fraud and ordered that the more than USD 3 million judgment be exempted from discharge.
• Assisted a surety in the workout of a design-build contractor on multiple public and private projects, including the preparation of collateral and workout agreements, deeds of trust, subordination agreements, bond forms, asset sale agreements, and assistance in the defense of multiple payment bond claims.
• Obtained a take-nothing summary judgment out of the District Court in Travis County, Texas, on behalf of a surety who issued bonds for the construction of a multi-unit housing complex near the University of Texas in Austin. Plaintiff was seeking in excess of USD 20 million from the surety.
• Representation of full-service engineering, architecture, construction, environmental, and consulting solutions firm in defense of claims arising out of design and construction of an airport fuel farm.
• Assistance for a surety following the default of a prime contractor on multiple public school projects, including the preparation of workout agreements, completion contracts, takeover agreements, and the defense of multiple payment bond claims.
• Obtained a take-nothing summary judgment out of the US District Court for the Northern District of Texas, Dallas Division, on behalf of an attorney in a legal malpractice case, on the eve of trial. The Court concluded that the plaintiff failed to carry her evidentiary burden as to whether the attorney owed a duty to the plaintiff at the time the legal injury occurred, as well to whether the attorney’s conduct proximately caused the plaintiff’s injury.

Presentations

• Speaker, Author, Presenter, “Litigating and Proving the Cardinal Change Defense,” Surety Claims Institute, Williamsburg, Virginia 
• Speaker, Author, Presenter, “Construction Contract Remedies,” Lorman Education Services, Fort Worth, Texas 
• Speaker, “Remedies for Dealing with Performance Disputes During an Ongoing Construction Project,” Lorman Education Services, Dallas, Texas
• Speaker, “Construction Contracts,” Lorman Education Services - Seminar, Fort Worth, Texas, 2008

Publications

• Co-author, “2004 Surety Law Update,” Surety Claims Institute - Annual Meeting, Hot Springs, Virginia
• Co-author, Texas Surety Law Deskbook - 2nd Edition