Mary Ellen King’s Bio

Mary Ellen King-49 border_smMary Ellen practices in the state and federal courts of Alabama, Louisiana, and Texas. She has nation-wide litigation experience in first-party insurance bad faith litigation, third-party insurance cases, and cases involving the National Flood Insurance Program. Mary Ellen also has extensive experience in large loss insurance defense litigation, mass tort litigation, catastrophe litigation, and insurance coverage litigation. She has handled all stages of litigation in hundreds of cases while defending insurers nationwide after Hurricanes Charley, Frances, Jeanne, Ivan, Dennis, Katrina, Rita, Wilma, and Ike.  She advises clients on the existence of insurance coverage and the handling of insurance claims under various insurance policies, including commercial general liability, automobile, homeowners, personal and commercial property, and Standard Flood Insurance Policies. Mary Ellen litigates insurance coverage disputes and extra-contractual liability lawsuits involving the duty of good faith and fair dealing, Stowers liability, the Texas Insurance Code, and the Deceptive Trade Practices Act.

In 2011, Mary Ellen started her own firm, the King Law Group PLLC, combining the quality of large-firm representation with the kind of dedicated client services, aggressiveness, and responsiveness that only a smaller firm can provide. She believes that it is crucial to be the most zealous advocate for clients with a strategy tailored to achieve the most favorable results in every case. Mary Ellen takes an aggressive approach and is always results-oriented while focusing on the needs and resources of our individual clients.

Practice Areas

Bad Faith Insurance Litigation, First Party Insurance Litigation, Third Party Insurance Litigation, Insurance Coverage Analysis, National Flood Insurance Program Defense Litigation, Commercial Litigation, Business Litigation, Real Estate Litigation, Employment Litigation, Public Corporation Consulting and Defense, Lobbying

Honors and Activities

  • Member, Lloyd Lochridge American Inn of Court
  • Insurance Bad Faith Committee, Council on Litigation Management
  • Committee Chair, Austin Young Lawyers Judicial Reception
  • Board Member, Programming Co-chair, Solo and Small Firm Section of the Austin Bar Association
  • Board Member at Large, Austin Pi Beta Phi Foundation
  • Board Member, South Austin Lacrosse Association
  • Law and Psychology Review, Lead Articles Editor
  • Bench and Bar Legal Honor Society
  • Phi Delta Phi

Bar Admissions

  • Texas, Louisiana, and Alabama
  • United States Court of Appeals for the Fifth and Eleventh Circuit
  • United States District Courts for the Southern, Eastern, and Western Districts of Texas
  • United States District Courts for the Northern, Middle, and Southern Districts of Alabama
  • United States District Courts for the Western, Middle, and Eastern District of Louisiana
  • United States District Court for the Northern District of Florida

 

Employment

  •  King Law Group PLLC, Member and Attorney
    Austin, Texas
    March 2011-Present
  • Martin, Disiere, Jefferson & Wisdom, L.L.P., Associate
    Austin, Texas
    January 2009-March 2011
  • Leake & Andersson, L.L.P., Associate
    New Orleans, Louisiana
    June 2008-January 2009
  • Nielsen Law Firm, Associate
    Metairie, Louisiana
    April 2006-June 2008
  • The Alabama League of Municipalities, Staff Attorney
    Montgomery, Alabama
    September 2002-March 2006.

Education

  • The University of Alabama School of Law, J.D. 2002
  • The University of Alabama, B.A., 1999

Professional Associations

  • State Bar Associations of Texas, Alabama, and Louisiana
  • American Bar Association
  • Austin Bar Association
  • Council on Litigation Management

Articles and Seminars

Flood Insurance 101: Filing the Proof of Loss for Hurricanes Gustav and Ike Claims, Texas Young Lawyers Association, E-News, June/July 2009

Exempt Employees under the Fair Labor Standards Act, The Alabama Municipal Journal, February 2006

The Fair Labor Standards Act: A Brief Overview, The Alabama Municipal Journal, March 2005

ALFA 2009 State Insurance Law Compendium

ALFA Life and Health Insurance Compendium, January 1, 2009

ALFA Property and Casualty Insurance Compendium, January 1, 2009

Representative Cases

Goodman v. Fidelity Nat’l Prop. and Cas. Ins. Co, 2007 WL 1521479, (N.D.Fla. May 2007).  Mary Ellen King represented Fidelity National Property and Casualty Insurance Company in its capacity as a Write-Your-Own (“WYO”) Program Carrier.  Prior to the Eleventh Circuit’s ruling in Shuford v. Fidelity, 508 F.3d 1337 (11th Cir. Dec. 2007), she argued and successfully won a motion for summary judgment precluding Plaintiffs’ recover for failure to meet the conditions precedent to filing a lawsuit.

Brown v. Paulison, 2007 WL 474307, (N.D.Fla. Feb. 2007).  Mary Ellen King represented USAA General Indemnity Company in its capacity as a WYO Program Carrier.  Prior to the Eleventh Circuit’s ruling in Shuford v. Fidelity, 508 F.3d 1337 (11th Cir. Dec. 2007), she argued and successfully won a motion for summary judgment precluding Plaintiffs’ recover for failure to meet the conditions precedent to filing a lawsuit., wherein Plaintiffs’ argued that the requirement was waived by memorandum of FEMA.

McKee v. USAA Ins. Agency, Inc., 2007 WL 1229107 (N.D.Fla. April 2007).  Mary Ellen King represented USAA General Indemnity Company in its capacity as a WYO Program Carrier.  Prior to the Eleventh Circuit’s ruling in Shuford v. Fidelity, 508 F.3d 1337 (11th Cir. 2007) she argued and successfully won a motion for summary judgment precluding Plaintiffs’ recover for failure to meet the conditions precedent to filing a lawsuit.

Dubose v. State Farm, 2007 WL 4463561 (S.D.AL. 2007).  Mary Ellen King represented State Farm Insurance Company in its capacity as a WYO Program Carrier, She argued and successfully won a summary judgment precluding a fraud claim based on misrepresentations by the insurance adjuster against a WYO Program Carrier.  This is the first reported case of its kind in the federal courts of Alabama where the court ruled in favor of the WYO Program Carrier.   In addition, the court granted State Farm’s motion for summary judgment for failure to file a proof of loss based on the 11th Circuit’s ruling in Shuford v. Fidelity, 508 F.3d 1337 (11th Cir. Dec. 2007), issued four days prior.

Troyer v. Allcat Claims, LLC and USAA General Indemnity Company, 2007 WL 3275123 (E.D.La. 2007).  Mary Ellen King represented USAA General Indemnity Company in a case where the Plaintiffs alleged breach of contract, fraud and various other claims.  While the case involved a number of reported and non-report decisions in favor of USAA General Indemnity, the most important reported decision of the case involved the court’s dismissal of Plaintiffs’ state law based claims, federal common law claims, constitutional challenges to the National Flood Insurance Act for violation of the non delegation clause and claims under the Federal Tort Claims Act.  The court based its decision on the Fifth Circuit’s decision in Wright v. Allstate, 500 F.3d 390 (5th Cir. 2007) and the intelligible principle doctrine.

Richardson v. Allstate Indemnity Company, 2007 WL 779752 (E.D.La. March 9, 2007).  Mary Ellen King successfully opposed a Motion to Remand filed by the Plaintiffs.  Judge Vance’s ruling on the Motion to Remand further established that the federal courts have exclusive jurisdiction over claims involving the administration of an existing Standard Flood Insurance Policy.  It was one of the first cases in the Eastern District of Louisiana to recognize a distinct line of cases involving policy administration and federal jurisdiction over them.

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