Jill A. Schaar is a litigator and risk management counselor with more than 25 years of experience representing clients in insurance, commercial, construction, energy, environmental, maritime, real estate, and healthcare industry sectors. Regardless of the industry sector, Ms. Schaar’s focus is on providing value-based solutions that are compatible with her clients’ business objectives and risk management strategies.
Insurance and Risk Management
Ms. Schaar has provided domestic and international litigation and counseling representation in connection with first-party property and business interruption risks; third-party liability risks; professional, D&O, marine and energy, and P&I risks; and treaty and facultative reinsurance disputes. Her experience extends to Lloyd’s and the London market, several European markets, various offshore and captive risk management groups, and domestic markets. Examples of Ms. Schaar’s work include:
- Represented numerous insurers in a variety of first-party and third-party "bad faith" lawsuits, including claims under state “prompt pay” and unfair claim settlement practices statutes.
- Represented various corporate interests in Part 91 aircraft purchase and leasing transactions, counseling those interests in risk management strategies.
- Represented energy industry clients in placement and coverage reviews of insurance policies, including D&O insurance, representation and warranty insurance, litigation buyout insurance, environmental transactional insurance, and other specialty insurance products.
- Represented an onshore and offshore oil and gas operator preparing master service agreements for use in more than a dozen jurisdictions, with particular emphasis on risk management under applicable state anti-indemnity statutes and the OCSLA.
- Represented insurer in medical school’s alleged $150 million property damage and business interruption claim resulting from flooding due to Tropical Storm Allison.
- Represented insurers in various property damage and business interruption claims brought by multiple insureds as a result of Tropical Storm Allison, and Hurricanes Katrina, Rita and Ike.
- Represented insurers in coverage litigation arising out of nationwide asbestos and silica personal injury claims. Resolutions have included sophisticated coverage-in-place arrangements, policy buybacks, and a pre-packaged bankruptcy in which a channeling injunction under 28 U.S.C. §524(g) was ordered.
Energy, Maritime and Environmental
Ms. Schaar’s clientele includes energy majors, independents, and service companies. She has acquired knowledge of upstream and downstream operations and has represented energy clients’ needs before and after a dispute reaches the courthouse, including:
- Represented an independent operator in an offshore gas production platform explosion, handling litigation of multiple personal injury and property damage claims.
- Represented international water service company in litigation arising out of hundreds of residential homeowners' complaints regarding water and wastewater treatment.
- Represented international product manufacturer in litigation with oyster growers arising out of a U.S. government offshore dredging and environmental mitigation project.
- Represented insurer in coverage litigation arising out of nationwide MTBE product liability lawsuits.
- Reversed on appeal an adverse liability verdict against a tugboat owner in a multiple death/personal injury case through application of the Shipowners' Limitation of Liability Act.
Construction and Real Estate
Ms. Schaar has represented owners, general contractors, subcontractors, insurers, lenders, and developers in the residential and commercial construction and real estate markets, including:
- Represented international hotel interests in premises liability lawsuits, including threshold assertions of personal jurisdictional objections in state and federal courts.
- Represented insurer in construction defect coverage litigation arising out of homebuilder’s use of synthetic stucco (EIFS) on thousands of homes over multiple years, resulting in a multi-party, consensual policy buyback arrangements.
- Represented insurers in coverage litigation with construction contractors over foundation, grading and other workmanship claims.
- Represented surety of payment and performance bonds in litigation arising out of mold claims during construction of a police substation.
- Represented commercial landlords in landlord-tenant litigation and dispute resolution.
Healthcare
Ms. Schaar has guided healthcare industry clients, including:
- Represented a Medicaid health maintenance organization (HMO) in a dispute with a hospital provider over out-of-network costs charged to more than 1500 patient accounts over a five-year period.
- Assisted a health maintenance organization with negotiating its Business Associate agreements, particularly focusing on HIPAA issues and treatment of PHI.
Education
- J.D., University of Houston Law Center, 1986
Research Editor, Houston Law Review - B.A., Magna cum laude, De Pauw University, 1983
Bar Admissions
- Texas, 1986
- U.S. Supreme Court, 2007
Admitted To Practice
- U.S. Court of Federal Claims, 2005
- U.S. Court of Appeals for the Federal Circuit, 2006
- U.S. Court of Appeals for the Fifth Circuit, 1987
- U.S. District Court for the Southern District of Texas, 1987
- U.S. District Court for the Northern District of Texas, 2002
Reported Decisions
- Denison Custom Homes, Inc. vs. Assurance Company of America, 2006 WL 1517495 (S.D. Tex., May 31, 2006)
- Fishermen's Harvest, Inc. vs. Weeks Marine, Inc., 401 F.Supp.2d 745 (S.D. Tex. 2005)
- Dal-Tile Corp. vs. Zurich American Insurance Co., 2004 WL 414900 (N.D. Tex., February 2, 2004)
- Levesque vs. Wilkens, 57 S.W.3d 499 (Tex. App. -- Houston [14th Dist.] 2001, no pet.)
- In re Kristie Leigh Enterprises, Inc., 72 F.3d 479 (5th Cir. 1996), appeal after remand, 168 F.3d 206 (5th Cir. 1999).
- Young vs. Jones Lumber Co., 784 S.W.2d 949 (Tex. App. -- Houston [14th Dist.] 1990, writ denied)
Publications & Presentations
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"Texas Insurance Practice"
(4/10/2013)
-
Co-Author,
"
Locke Lord QuickStudy: Hurricane Damage Valuation: Texas Supreme Court Urged To Address Methodology
,"
Locke Lord LLP
(January 10, 2013)
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"Brochure: D&O Litigation Team,"
Locke Lord
(September 2011)
-
Co-Author,
"Client Alert: A Texas Two-Step: The Duty to Indemnify May Exist Even Where There is No Duty to Defend,"
Locke Lord
(December 21, 2009)
-
Co-Author,
"Client Alert: New Enforcement of Medicare Secondary Payor Reporting Looming; Will Impact Liability Insurers,"
Locke Lord
(September 30, 2009)
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"Shipowners' Limitation of Liability Act: Still Afloat or Sinking Fast?,"
24 Tul. Mar. L. J. 659
(Spring 2000)
-
"Speaker on Effective Business Development for Women,"
Texas Women Lawyers Houston Chapter
(July 1999 and October 2000)
-
"Lost in the Tilley Triangle: Steering Clear of Conflicts of Interest,"
Houston Bar Association Continuing Legal Education Seminar
(May 1999)
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"Recent Developments in Admiralty Jurisdiction, State Bar of Texas,"
Admiralty and Maritime Law Seminar
(1996)
-
"Charting the Course of a Vessel Owner’s Limitation Proceeding: Smooth Sailing or Beam Seas?,"
State Bar of Texas, Admiralty and Maritime Law Seminar
(1994)
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"Prisoners' Fourth Amendment Right to Privacy: Expanding a Constricted View,"
22 Hous.L.Rev. 1065
(1985)
Professional History
- Partner, Locke Lord LLP
- Associate, Liddell Sapp Zivley & LaBoon (1986-1992)
Professional Affiliations & Achievements
- Member, State Bar of Texas
- Member, Bar Association, Fifth Federal Circuit, U.S. Court of Federal Claims, U.S. Court of Appeals for the Federal Circuit; United States Supreme Court.
- Member, Houston and Federal Bar Associations
- Past Committee Member, Insurance Coverage, ABA Tort and Insurance Practice
- Member, National Institute for Trial Advocacy
- Proctor, Maritime Law Association
- Member, Texas Association of Defense Counsel
- Member, Defense Research Institute
- Member, Texas Women Lawyers
Community Leadership
- Board of Trustees and former Board of Directors member, Houston Grand Opera
- Houston Bar Association Night Court
- Member, St. John the Divine Episcopal Church
- Yoga Instructor, RYT-200, registered with the Yoga Alliance
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