David H. Fisk

“My approach to litigation is thoughtful and direct and has resulted in a very successful record that includes a number of positive jury verdicts and millions of dollars in recoveries for my clients. I am always eager to conduct a thorough but efficient investigation to determine what caused a loss, what could have prevented it, and who should be held accountable.  While my experience litigating property loss claims runs the gamut, I find a lot of satisfaction and enjoyment in the construction field, where my practice includes not only resolving construction defect issues but also assisting clients in legal matters from the inception of a project through its completion.”

Seasoned litigator David Fisk concentrates his practice on large-loss property subrogation and construction matters, primarily representing businesses, homeowners, and builder’s risk, property, and liability insurers pursuing substantial property damage claims. David serves clients throughout Texas and Oklahoma and handles cases across the United States with assistance from his extensive network of local counsel.

The property damage matters David takes on are primarily the result of events that include construction and design defects, fires, explosions, machinery and equipment failures, gas and water leaks, and transit losses. David maintains a particular interest in construction defect claims, but his vast experience and broad knowledge base handling all types of property loss claims likely rival any other attorney. He works closely with other professionals such as fire investigators, forensic engineers, and chemists to uncover evidence to answer questions about the origin and cause of damaging events, as well as responsibility for their occurrence. David finds it gratifying to complete this type of detective work and to present a clear picture of how and why an incident occurred.

On the subrogation side of his practice, David works diligently to keep his clients’ claims moving forward and to procure recoveries in a timely and cost-effective manner. His depth of experience allows him to quickly determine whether a recovery claim is worth pursuing. Collaborating closely with clients, he then determines whether a pre-suit resolution is warranted or if the client is better served by engaging in litigation discovery and negotiating a settlement or vigorously taking the case to trial. This fast classification of matters helps his clients craft the most efficient business strategies, allowing them to save time and money.

David also advises developers, owners, and general contractors in construction disputes on both the plaintiff and defendant side of the docket.  He has also worked on employee theft/dishonesty claims, personal injury claims, and professional liability claims.

Away from the Office

David been involved in the Dallas Bar Association’s annual home-building project in collaboration with Dallas Area Habitat for Humanity since 2006 and has served as Co-Chair of the project for several years. He and his wife, Casey, have three young boys, and David is active in coaching their basketball teams and helping their soccer teams. In his free time, David enjoys playing golf and scuba diving.

Experience

• Confidential settlement for the owner of a salt water disposal facility and its property insurers after the facility was destroyed in an explosion and fire.
• Successfully tried claim for homeowners and their property insurer against an Austin, Texas homebuilder involving the defective construction of an outdoor fireplace that caused a fire resulting in significant property damage.
• Settlement with a recovery of almost 80% of the covered loss for the insurer of a workover rig that collapsed during a windstorm.
• Successfully tried claim for a Fortune 500 Company and its property insurers against an electric utility for fire damage caused by the electric utility’s failure to own, operate and maintain its equipment in accordance with good utility practice.
• Confidential settlement for the builder’s risk insurer of the construction manager/ general contractor for Texas Christian University’s football stadium renovation project after a section of precast seating collapsed during construction.
• Successfully tried claim against a fire sprinkler contractor for water damage to specialty lighting equipment and accessories used in the motion picture and television industries that was caused by the failure of a fire sprinkler pipe in a warehouse.
• Successfully tried claim for damage to a 1994 Winfield Gordon E RV-4 aircraft caused by a runway incursion on a private airstrip.

Publications

• Subrogation Alert: Subrogation Claims and Arbitration Clauses in Construction Contracts, Kane Russell Coleman Logan, August 2020
• Residential Construction Defect Case Law Update: Homeowners Not Entitled to Attorney and Expert Fees, Kane Russell Coleman Logan, August 2020
• OSHA Law: Protecting Your Employees and Your Company from Employee Misconduct, TEXO Association IN FOCUS Summer Magazine, June 2020
• Executive Order GA-14 – Summary for Construction Services, Kane Russell Coleman Logan PC, April 2020
• Impacts on the Construction Industry from Texas’ 86th Legislative Session (3-Part Series), Kane Russell Coleman Logan PC, February 2020
• Case Summary: Overcoming a Motion to Strike and Exclude Expert Testimony in Fire Cases, Subrogator Magazine, Spring/Summer 2017, at 26
• Unwitting Waiver of the Attorney/Client Privilege, 30th Annual Construction Law Conference sponsored by The Construction Law Foundation of Texas and The Construction Law Section of the State Bar of Texas in cooperation with The Texas Institute of Continuing Legal Education, Mar. 2, 2017
• Texas Supreme Court Permits Loss of Use Damages for Destroyed Property, Subrogator Magazine, Spring/Summer 2016, at 124
• Subrogation Alert: Texas Supreme Court Permits Loss of Use Damages in Total Destruction Case, Kane Russell Coleman & Logan PC, Jan. 11, 2016
• Amount Recoverable in Subrogation, New Appleman on Insurance Law Library Edition ch.162, Sep. 2015
• Subrogation Alert: Texas Statute Affecting Condominium Construction Defect Claims, Kane Russell Coleman & Logan PC, September 10, 2015
• Is the Malfunction Theory Alive and Well in Texas?, SUBROGATOR, Winter 2015, at 100
• Litigation Alert: Texas Supreme Court Limits Application of the Economic Loss Rule, Kane Russell Coleman & Logan PC, Sep. 2, 2014
• A Construction Defect Damages Your Client’s Property, Now What?, Dallas Bar Association Headnotes, August 1, 2014
• Impact of Black + Vernooy on Subrogation Claims Against Design Professionals, Builders in Texas; Subrogation & Recovery Alert, July 8, 2013
• Recovering an Insured’s Deductible – Texas; Subrogation & Recovery Law Blog, May 17, 2013
• Certificate of Merit Requirement in Federal Diversity Cases; Subrogation & Recovery Law Blog, November 17, 2011
• What Lies Beneath, Construction Today, June 1, 2011
• COGSA vs. Carmack – Carmack Does Not Apply to Overseas Shipment under a Single Through Bill of Lading; Subrogation & Recovery Law Blog, June 28, 2010
• COGSA vs. Carmack – United States Supreme Court To Address Carmack’s Application To Intermodal Shipments; Subrogation & Recovery Law Blog, March 5, 2010
• Comparative Contract Fault: Using the AIA Documents to Apportion Contract Damages; The Construction Lawyer, April 1, 2006

Presentations

• Critical Damages Issues: Property Subrogation Claims, Property & Liability Resource Bureau Claims Conference & Insurance Services Expo, Apr. 17 & 18, 2018
• Causes of Action in Texas Construction Law, The Basic Course in Texas Construction Law, Dec. 1, 2017
• Absence of a Specific Defect Makes the Manufacturer Stronger – But Not Invincible, National Association of Subrogation Professionals Annual Conference, Nov. 9, 2015
• Subrogation Considerations in Fire Claims: NFPA 921 and the Malfunction Theory, Unified Investigations & Sciences Live Burn 2015, Jan. 28, 2015
• Understanding and Protecting Your Subrogation Claim, 2013
• Avoiding Bad Faith while Preserving Your Subrogation Claim, Aug. 14, 2013
• Texas Residential Construction Liability Act (RCLA), 2011
• The TRCCA is Dead; Long Live the RCLA, Cozen O’Connor 2010 Dallas Subrogation Seminar, 2010
• Construction Update: TRCCA/TRCLA and Certificates of Merit, Cozen O’Connor 2009 Dallas Subrogation Seminar, Oct. 20, 2009
• Arbitration Forums (AF), 2008
• Sovereign Immunity and Statutory Notice Requirements, 2006

Associations

• Dallas Bar Association (DBA)
  • Construction Law Section
  • Tort & Insurance Practices Section (TIPS)
  • Community Involvement Committee (CIC)
  • Home Project Committee
• State Bar of Texas Construction Law Section
• National Association of Subrogation Professionals
• Loss Executives Association (LEA)
• Property & Liability Research Bureau (PLRB)
• Oklahoma Bar Association
• TEXO

Community

Since 2008, David has been a member of the Dallas Bar Association (DBA) Home Project Committee, serving as a 2014 Vice-Chair and a Co-Chair from 2015-2020. The DBA Home Project Committee manages the DBA’s partnership with Dallas Area Habitat for Humanity to sponsor and build a new Habitat home each year since 1991.  The DBA is Dallas Habitat’s longest running whole-house sponsor and is proud to have contributed to Dallas Habitat’s success in providing affordable housing in Dallas.