Duncan L. Clore
Duncan Clore counsels and represents construction clients and foreign and domestic insurers on director and officer liability, fidelity, and contract surety issues.
Duncan counsels and represents clients on director & officer liability, fidelity, and surety issues. He has extensive experience representing foreign and domestic insurers on fidelity and D&O coverage matters, both regionally and nationally. He also has extensive experience representing contract sureties in construction disputes throughout Texas.
Named among Best Lawyers in America – Construction Law by Best Lawyers (2011, 2013-2022)
Awarded Martin J. Andrew Award for Lifetime Achievement in Fidelity and Surety Law by the American Bar Association (2016)
American Bar Association, Tort and Insurance Practice Section, Chairman, Fidelity and Surety Law Committee (1996-1997), Forum on the Construction Industry
State Bar of Texas, Construction Section
Dallas Bar Association, Construction Section
State Bar Licenses
- Represented fidelity bond insurer in connection with alleged claim against major stockbroker for over $100 million in alleged losses resulting from alleged embezzlement scheme by former affiliated broker.
- Represented major fidelity bond insurer in claim by Ohio stockbroker for embezzlement loss involving its alter ego owner.
- Represented sureties in various performance and payment bond disputes throughout Texas, including alleged contractor defaults on projects involving the City of Corpus Christi and Ellis County, Texas.
- Represented one of the excess insurers in providing notice of intent to rescind a directors’ and officers’ liability insurance policy issued to Enron Corporation.
- Represented captive insurer for Independent Bankers Association of Texas as primary coverage counsel.
- Represented major fidelity insurer in coverage action involving prominent San Antonio hospital in action before United States Fifth Circuit Court of Appeals on interpretation of “Covered Instruments” provision in commercial crime policy.
- Represented the American Insurance Association in preparing amicus brief in successful appeal by surety, leading to an opinion that a surety does not owe a duty of good faith and fair dealing to its principal. Associated Indem. Corp. v. C.A.T. Contracting, 964 S.W.2d 276 (Tex. 1998).
- Represented insurer in important decision addressing scope of coverage for “forged instructions and advices” and the definition of “Covered Instruments.” K.W. Bancshares v. Underwriters at Lloyd’s, 965 F. Supp. 104 (W.D. Tenn. 1997).
- Tried and won complex fidelity case filed by FDIC against bankers blanket bond insurer for failed Texas bank. FDIC v. Underwriters at Lloyds, Civil Action No. A93CA489SS (W.D. Tex.).
- Represented fidelity insurer in landmark decision holding that bond terminated upon “taking over” of institution by federal officials. Alec Sharp, et al. v. FSLIC, 858 F.2d 1042 (5th Cir. 1988).
- Represented D&O insurer in important reported decision involving the scope and enforceability of notice provision of policy. FDIC v. Barham, 995 F.2d 600 (5th Cir. 1993).
- Represented D&O insurer in reported decision involving enforceability of regulatory exclusion. Fid. & Dep. Co. of Maryland v. Conner, 973 F.2d 1236 (5th Cir. 1992).
- Handled major fidelity bond claims arising out of numerous Texas bank and savings and loan failures, including InterFirst Bancshares, First Republic Bancshares, MBank Abilene, First City Bancshares, Western Savings, Independent American Savings, Sinton Savings, and Texas American Bancshares.