Jay Old practices complex commercial and insurance litigation across the country. Representing businesses of all types and sizes and professionals of all backgrounds, Mr. Old has over three decades of experience obtaining favorable results for his clients.
Mr. Old is a former president of the Texas Association of Defense Counsel, has chaired the Construction Law Section of the State Bar of Texas, and has served on numerous task forces appointed by both the State Bar and the Texas Supreme Court. Mr. Old is a member of the American Board of Trial Advocates, has earned an AV Rating from Martindale-Hubbell, is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, is a Fellow of the Texas Bar Foundation, and is an active member in DRI and the Federation of Defense and Corporate Counsel. He is a frequent speaker and presenter at continuing education programs, with his favorite topics including ethics issues. Mr. Old’s portfolio of work also includes serving as a resource witness and volunteer in the legislative arena and working to preserve and support the Texas civil justice system.
Representative Cases:
- Successfully obtained the reversal of a judgment in excess of $9 million in an insurance bad-faith lawsuit pending in Galveston, Texas, in an appellate case that confirmed the standard for establishing rights of recovery on contested property damage appraisal awards in Texas Windstorm Insurance Association v. Dickinson Independent School District, No. 14-16-00474-CV.
- Prevailed in a matter of first impression before the Texas Supreme Court in In re City of Dickinson, 568 S.W.3d 642, by which that court held that a party does not waive the attorney-client privilege when naming itself or its employees as expert witnesses. This case garnered national attention, with amicus briefs filed by national and international trade associations.
- In a matter of first impression in Texas, obtained a favorable ruling from the First Court of Appeals, in Houston, in Texas Windstorm Insurance Association v. Randy Jones, No. 01-16-00385-CV, interpreting the meaning of what an “accepted” insurance claim is under the Texas Insurance Code.
- Obtained a significant jury verdict and judgment entered in a breach-of-contract lawsuit that was affirmed on appeal in MeadWestvaco Corporation v. Way Service, Ltd., No. 09-15-0014-CV, for a judgment in excess of $1 million and attorney’s fees.
- Obtained the first ruling by a Texas appellate court allowing for the use of medical records to defeat a medical expert’s report in a health care liability claim in Baptist Hospitals of Southeast Texas v. Carter, No. 09-08-067-CV, where the court ultimately found that Texas trial courts should consider the underlying patient records to the extent those records reveal that an expert’s report is not accurately based on the facts.
Updated Oct 2023
