Business Litigation; Insurance Litigation; Class Actions; Labor and Employment

Mr. Jubinsky is one of the founding attorneys of Figari & Davenport. He has tried over 40 cases in federal and state courts and arbitrations, including business and insurance cases, and has been involved in over 80 reported opinions. In 2003, Mr. Jubinsky was recognized by the Dallas Business Journal as one of the 10 top litigators in the Dallas-Fort Worth area.

Over the past 25 years, Mr. Jubinsky has amassed extensive experience in complex life, health, disability, and credit insurance matters. As this area of the law has become more sophisticated and highly regulated, Mr. Jubinsky’s continuing involvement, knowledge, and industry-wide reputation has helped to establish Figari & Davenport as a recognized leader in complex insurance litigation. Mr. Jubinsky represents insurance companies and third party administrators in state and federal courts in Texas and other states, including class action and multi-district litigation, as well as arbitrations before the American Arbitration Association and hearings before state insurance department tribunals. Mr. Jubinsky represents and serves as Texas counsel for over 25 insurance companies and third party administrators, many of which have been long-standing clients that also utilize his services as regional counsel or in contiguous states.

Mr. Jubinsky also represents corporations in lawsuits involving business disputes, class action litigation, non-competition, trade secret, and employment matters, franchise disputes, real estate disputes, and consumer product litigation. Mr. Jubinsky served as lead counsel for the nation's leading digital satellite television service provider in the prosecution of several hundred lawsuits in Dallas and Fort Worth alleging the interception and decryption of satellite communications.

Mr. Jubinsky’s clients include national and international companies in the insurance, satellite communications, beauty supply, financial services, and consumer product industries, including Fortune 500 companies. Mr. Jubinsky is accessible to his clients and responsive to their varying needs, and is always cognizant of costs and maintaining efficiency, which is much appreciated by his loyal client base.

Mr. Jubinsky recently obtained significant verdicts and rulings on behalf of his clients in the following cases:

• As lead counsel in Cambus, Inc. v. Armstrong McCall, LLP, Cause No. 07- 04- 03404 – CV (Montgomery County, Texas), Mr. Jubinsky successfully defended a national franchisor of professional hair and beauty products in a 10 million dollar lawsuit brought by a franchisee for wrongful termination of a franchise agreement. The jury, after a week long trial in January 2010, deliberated less than ten minutes and found in favor of the franchisor.
• As lead counsel in Charles Lathem v. William Kruse and Walking T Ranch, LP, 290 S.W. 3d 922 ( Tex. App. Dallas 2009, no pet.), Mr. Jubinsky obtained a summary judgment that was affirmed on appeal that defeated plaintiff’s claims for an interest in the profits from the sale of a real estate development. The court found that plaintiff’s claims were barred by the statute of frauds.
• As lead appellate counsel in Morgan Buildings and Spas, Inc. v. Humane Society of Southeast Texas, 249 S.W.3d 480 (Tex. App. Beaumont 2008, no writ), Mr. Jubinsky obtained a reverse and render on appeal that upheld the validity of a damage and reliance disclaimer and merger and integration clause in the form purchase agreement of a national modular building and spa company.
• Other judgments obtained for clients include: Jowers v. UnitedHealth Group, et al, 2010 U.S. Dist. LEXIS 753 (W.D. Tenn. Jan. 6, 2010)(dismissal of complaint for agent commissions for failure to state a claim);Smith v. Golden Rule Ins. Co., 2009 U.S. Dist. LEXIS 38326 ( N.D. Okla. April 29, 2009) (granting motion for judgment on the pleadings); Krames v. National Life Ins Co., et al, 2009 U.S. Dist. LEXIS 24818 ( N.D. Tex. March 24, 2009) (dismissal of fraud, conspiracy and DTPA claims in favor of insurer in dispute over 412(i) retirement plan); Roofers Local No. 20 Health and Welfare Plan v. Memorial Hospital System v. FMH Benefit Services, Inc, 2007 U.S. Dist. LEXIS 34089 ( W.D. Mo. May 9, 2007) (summary judgment granted in favor of claims administrator against hospital on negligent misrepresentation claims); Thornton v. Fort Dearborn Life Ins. Co., 2006 WL 407503 (N.D. Tex. Feb. 22, 2006)(summary judgment granted on ERISA claim).

JD, South Texas College of Law, summa cum laude, 1985

• Graduated first in his class

BS, West Virginia University, cum laude, 1982

Listed in The Best Lawyers in America under Insurance Law, 2008, 2009, and 2010

Listed in The Best Lawyers in America under Commercial Litigation, 2009 and 2010

Listed in 2007, 2009 Corporate Counsel Almanac as a “Top Lawyer”

Named one of the ten "Top Litigators in the Metroplex" by Dallas Business Journal, 2003

• State Bar of Texas
• American Bar Association
• The Defense Research Institute (Life, Health & Disability Committee Member

Mr. Jubinsky is a frequent speaker on topics including:

• preparing company witnesses for deposition
• fraud investigations and rescissions
• policy exclusions in insurance policies
• Texas prompt payment statutes
• subrogation
• Medicare and ERISA primers
• ERISA appeals and grievances