Date : Jun 7, 2017
The Federation of Defense and Corporate Counsel recently filed an Amicus brief in support of Century Surety Company in the matter Century Sur. Co. v. Jane Doe in the Texas Supreme Court. Briefs were filed on a Petition for Review from the Court of Appeals for the Fifth District of Texas at Dallas and also in support of a Petition for a Writ of Mandamus.
FDCC members Stacy Broman, of Meagher & Geer, P.L.L.P., Minneapolis, MN, Lance J. Kalik and Anthony J. Zarillo, Jr. of Riker Danzig Scherer Hyland & Perretti LLP, Morristown, NJ, and Stephen Pate of Cozen O’Connor, Houston, TX coordinated the writing and filing of the brief.
The issue concerns whether Century Surety should be allowed to intervene in the action under the doctrine of virtual representation to mount an appeal from a $20 million judgment against its insured. Century sought intervention when the bankruptcy trustee for its insured chose not to appeal, even when Century agreed to fully fund the appeal and even though the trustee admitted that viable grounds for reversal of the judgment existed. Century argued that the failure to appeal a remarkably infirm judgment demonstrated that the parties conducted a non-adversarial proceeding before the trial court.
The FDCC urged the Court to reverse the court of appeals’ denial of Century’s intervention motion and to allow Century the right to intervene to preserve the integrity of the adversarial system. In this case, the virtual representation doctrine furthers the goals of the adversarial system by allowing non-parties to intervene at the appellate level when the party’s interest will not otherwise be adequately protected on appeal.
To view copies of the briefs, please click on the links below.
Stacy Broman focuses her practice on complex commercial litigation where she defends insurers in insurance coverage and bad faith litigation, and represents professionals in professional liability litigation. She is also one of the firm’s leaders as a member of its management committee.
For her work on behalf of the insurance industry, Stacy has been named to the Super Lawyers® list by Minnesota Super Lawyers magazine. She is listed in The Best Service Professionals in the United States (under Lawyers: Insurance) and in The Best Lawyers in America. She was also named Insurance Lawyer of the Year for 2013.
Stacy was elected to the American College of Coverage and Extracontractual Counsel (ACCEC) in May, 2013. In May 2015, she was elected to the ACCEC Board of Regents.
Stacy is on the Board of Directors of the Federation of Defense and Corporate Counsel (FDCC), an organization comprised of leaders in the insurance and corporate defense bar. FDCC membership is selective and by invitation to those who have been judged by their peers to have achieved professional distinction.
Stacy is also a Fellow in the Litigation Counsel of America – an invitation-only honor society that limits its membership to the top 0.5 percent of trial lawyers. Fellows are selected on the basis of effectiveness and accomplishment in litigation and superior ethical reputation.
Stacy is a founder of Insurance Institute of America (ILIA) of the Litigation Counsel of America, founded in 2013.
Stacy is a frequent lecturer and author on issues affecting the insurance industry. She has authored several articles and is co-author of a chapter in the New Appleman Insurance Law Practice Guide.
Outside the office, Stacy volunteers her time with Southern Minnesota Regional Legal Services as a member of The Campaign for Legal Aid.