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With nearly 20 years of experience in the courtroom and before arbitration tribunals, Christine Kirchner has successfully represented her clients in a variety of complex civil matters.  Her representation of clients focuses on pre-litigation solutions such as risk management, a comprehensive review of the client's insurance programs, as well as successfully and efficiently navigating clients through the active phase of the dispute, whether that be in litigation or arbitration.  Ms. Kirchner has represented clients in all forum, including state and federal courts, as well as binding arbitration before the AAA (American Arbitration Association), NASD (National Association of Security Dealers), and other private alternate dispute resolution forums.  Ms. Kirchner's civil litigation practice focuses on both complex commercial and tort matters. 

Ms. Kirchner has handled a variety of commercial matters ranging from securities litigation, minority and derivative shareholder claim,; disputes related to ownership succession of closely held corporation, to wrongful competition and breach of contract actions.  She has developed a specialty in the context of insurance law, including the representation of the policyholder and carriers in contractual disputes related to insurance coverage, as well as extra-contractual actions related to deceptive trade practice, statutory Insurance Code violations, the alleged mishandling of claims coverage, and opportunities to settle and protect the policyholder within policy limits.  With regard to tort actions, Ms. Kirchner's experience includes negligence claims, products and premises liability, and long haul trucking, typically in the context of catastrophic injury or wrongful death.  Ms. Kirchner has represented contractors and owners in a variety of construction and engineering litigation and arbitration, and also represented a variety of professionals, including engineers and design professionals, accountants, insurance agents and brokers, and healthcare entities and professionals in the defense of professional liability claims. 

Ms. Kirchner is a frequent author and speaker at tort and insurance-related seminars and conferences.  Her clients range from individuals and closely held entrepreneurial companies to large national insurance carriers and public companies with large self-insured retentions.  Ms. Kirchner prides herself in understanding each individual client's business and operations, the unique challenges that client may face with regard to risk management and resolving disputes.  In doing so, she achieves an efficient and business-oriented outcome on behalf of her clients, regardless of the size or nature of the dispute or relative size of the client.

Significant Cases

• Successful defense of major hospital client in connection with wrongful death premises liability claim involving third party criminal activity on premises.  (2007).
• Arbitration award in favor of maritime client in connection with sale of assets in the Houston port and successful defense against commercial fraud allegations.  Arbitration No. 50 T 132 00282 03; Roland Malins-Smith, Jose Perez and Seafreight Agencies, Inc. v. J. Barry Snyder, Signet Maritime Corp. and Signet Seafreight Shipping Co.  (2005).
• Judgment as a matter of law during federal bench trial concerning product liability claims in maritime context as well as breach of contract issues.  Civil Action No. H-00-0157; Condux S.A. de C.V. v. Ships Machinery International, Inc.; In the United States District Court for the Southern District of Texas, Houston Division.  (2003).
• Prevailed in multi-million dollar extra-contractual bad faith and coverage lawsuit seeking in excess of $39 million dollars for coverage due to alleged "Stowers" violation by carrier in handling of defense and failure to settle case within policy limits.  Case was significant in developing late notice defense in Texas with no prejudice requirement under advertising injury coverage in liability policies.  New Era of Networks, Inc. v. Great Northern Insurance Company, et al., 2003 WL 23573645 (S.D. Texas).  (2003)
• Successful defense of premises liability case involving catastrophic injuries/quadriplegic on behalf of premises owner on basis of third party crime and successfully developed concept of proportionate responsibility on "John Doe" Defendant.  James Bravo Palacio, et al. v. Greystar Management Services, L.P., et al., 110 S.W.3d 493 ( Tex. App. – Waco 2003, no pet.)
• Houston 14th Court of Appeals case clarifying non-recourse instruments under Texas law; Steven Fein v. R.P.H., Inc., Trustee, 68 S.W.2d 3 (Tex. App.--Houston [14th Dist.] 2002).
• Fifth Circuit case of first impression concerning Federal Arbitration Act preemption of state arbitration laws; OPE International L.P. v. Chet Morrison Constructors, Inc., 258 F.3d 443 (5^th Cir. 2001).

Presentations

• Texas Annotated Insurance Code; LexisNexis 2007 Edition, Contributing Editor
• The Effect of Statutory Child Support Liens from the Attorney General’s Office and the New Landscape of Settling Tort Cases in Texas, Spring 2005.
• Strategies for Avoiding Traps and Pitfalls in Time-limit and Policy Limit Demands: An Overview of the Stowers Doctrine Under Current Texas Law, Spring 2005.
• Common Insurance Coverage Battles in the Construction Defect Arena: Unresolved Disputes Between Insureds, Additional Insureds and Their Carriers, South Texas College of Law Insurance Law Summit, January 2005. 
• Insurance Coverage for Violations of the Federal Telecommunications Privacy Act: A Judicially Contrived Creation Under Commercial General Liability Policies, Fall 2004.
• The Texas Supreme Court's Latest Word on Extra-Contractual Claims Arising in the Third Party Context:  An Analysis of Rocor International Inc. v. National Union Fire Ins. Co., 77 S.W.3d 253 (Tex. 2002), and its Potential Impact on "Bad Faith" Claims in Texas, Fall 2002.
• Notice and Prejudice Requirements in Insuring Agreements Under Texas Law, Spring 2002.
• Hype or Reality?  The Moldy Situation in Texas, Spring 2002; In-house training to Everest National Insurance Company. 
• An Overview of the Emergency Medical Treatment and Active Labor Act and its Impact on the Creation of Statutory Duties, Fall 2001. 
• An Overview of Medical Malpractice Issues Under Texas Law, Fall 2001.
• Tort Reform - A Review Five Years Out of Post Tort Reform Recovery in Texas, Spring 2001.
• Using Technology to Settle Catastrophic Cases, Spring 2001.
• The Claims Specialists Guide to the Relationships between Defense Counsel, Insureds and Insurers Under Texas Law, Spring 2000.

Other Information

• Proficient in German language.
• Culturally diverse, extensive travel, post-graduate work and overseas residency.

Professional Affiliations

• American Bar Association (Tort Insurance Practice Section; Insurance Coverage Section)
• Federal Bar Association
• Texas Bar Association
• TADC (Texas Association Defense Counsel)
• Illinois Bar Association (Insurance Coverage Section)
• Houston Bar Association - Litigation and Consumer Law Sections
• DRI (Defense Research Institute)
• Garland Walker Inns of Court
• The Sterling Group (Professional Women's Group)
• CEB (Counsel on Ethical Billing)