P. Wayne Pickering

Mr. Pickering’s legal experience includes many years of experience in insurance litigation at both the trial and appellate level in various state and federal jurisdictions.  In recent years, an increasing number of both primary and excess/umbrella insurers have turned to Mr. Pickering for legal counsel as to their rights, duties, and development of appropriate strategies under the Stowers doctrine in responding to settlement demands for their policy limits.

His litigation experience includes:

  • Both contractual claims and extra-contractual “bad faith” claims at common law and under the Texas Insurance Code against various primary, umbrella, and excess com­mercial general liability insurers
  • Coverage litigation, including state and federal declaratory judgment actions to determine coverage obligations
  • Claims by insureds against their liability insurers resulting from verdicts in excess of policy limits (Stowers claims)
  • Issues pertaining to priority of coverage and additional-insured issues in complex commercial liability programs encompassing multiple insurers
  • Claims involving commercial property insurance
  • Claims arising out of both personal lines property and liability insurance
  • Professional liability claims against insurance agents, brokers and claims adjusters
  • Claims involving marine insurance

In addition, Mr. Pickering has represented various automobile manufacturers and dealers in a variety of products liability actions involving the seat belts, air bags, transmissions, and fuel systems in various personal and commercial vehicles.  He has also represented various manufacturers of commercial and consumer products and equipment.  His products liability experience includes defending claims involving the crashworthiness of vehicles, as well as claims alleging design defects, manufacturing defects, and warnings defects in various consumer products and commercial equipment.

As the recipient of a successful double lung transplant in February 2020, Mr. Pickering is passionate about raising awareness of the need for organ donation and the shortage of organ donors. He is grateful for every day for the gift of life, and for the opportunity to continue representing great clients, contributing to the legal profession, and hopefully, making a difference.

Employment

Martin, Disiere, Jefferson & Wisdom, 2009 – present

Fowler Rodriguez, 2006 – 2009

Spain Hastings & Ward, 2005 – 2006

McGlinchey Stafford/Gascoyne & Bullion, P.C., 2000 – 2005

Benckenstein & Oxford, 1995 – 1999

Gilpin, Paxson & Bersch, 1990 – 1995

Deaton & Briggs, 1990

Tenneco Oil Company, 1982 – 1989, Financial Analyst

Marathon Oil Company, 1978 – 1982, Accountant and Financial Analyst

Professional Affiliations

State Bar of Texas

Houston Bar Association

Defense Research Institute

Texas Association of Defense Counsel

Federal Bar Association

Fifth Circuit Bar Association

Christian Legal Society

Community/Civic Activities

Member of Bible Study Fellowship since 2016

 Kingwood United Methodist Church, Kingwood, Texas:

    • President and member of the Chancel Choir
    • Member of Men’s Ensemble Choir
    • Part-time Sunday School teacher, Apostles’ Class

 St. Luke’s United Methodist Church, Houston, Texas:

    •  Past president and member of the Chancel Choir
    • Past member of Board of Stewards and Executive Committee
    • Sunday School teacher, Horizons Class
    • Board of Directors, Bridges Academy

Publications

Mr. Pickering also has authored or co-authored numerous articles and treatises in the field of insurance law. He regularly writes on emerging issues in insurance law and posts those articles on his LinkedIn page. You are encouraged to connect with him on LinkedIn, in order to receive those commentaries as they are posted. 

“Eliminating Frivolous Lawsuits Against Agents: Recent Changes to The Texas Insurance Code Regarding Hail and Windstorm Claims.”  Published in the Fall 2017 issue of the Houston Insurance News discussing significant 2017 legislation which amended the Texas Insurance Code regarding lawsuits arising out of insurance claims for hail or windstorm damage.  

“Texas Annotated Insurance Code.”  Contributing editor responsible for supplying statutory analysis for portions of the Texas Insurance Code, related case law annotations, and practice tips to assist insurance law practitioners.  (2008, 2010, 2012, and 2014 editions) 

“Texas Surplus Lines Regulations – Recent Legislation.”  Three-hour continuing education seminar presentation to Independent Insurance Agents of Houston outlining the current state of Texas surplus lines regulations following the federal Non-Admitted & Reinsurance Reform Act of 2010 (“NARRA”) and recent Texas legislation to bring the Texas Insurance Code into compliance with NARRA mandates.  (June 2013)

“Cornell's Texas Annotated Insurance Code.” Contributing editor and author for chapters pertaining to agents’ and brokers’ liability, featuring an overview of the applicable body of law, case law annotations, practice tips and other information of value to the insurance law practitioner, such as legislative history pertaining to those chapters of the Insurance Code (2008 and 2010 editions).

“Don’t Take ‘No’ For An Answer: A Discussion of Recent Cases From the Supreme Court of Texas Affecting Your Rights As A Policyholder.” Author of paper and presentation delivered to the International Association of Drilling Contractors (IADC) regarding an insured’s coverage rights and obligations once litigation ensues or is threatened (October 2008).

“Overview of Insurance Agents’ and Brokers’ Errors & Omissions Liability.” Co-author of a continuing legal education paper featuring a discussion of the various duties and obligations owed by insurance agents or brokers under Texas law. (Originally published in 1997, and republished and updated in 2006 and 2008.)

“Legal Research Without Westlaw: Free Legal Research Databases Available On The Internet.” Author of paper and continuing legal education presentation at “The Ultimate Insurance Seminar,” Dallas, 2000.

“Handling Insurance Claims in Texas .” Co-author of paper and related presentation for insurance clients for their continuing education and training purposes (1997 and 1998).

“Defending Personal Injury Claims.” Co-author of paper and related presentation to the annual legal liability seminar co-sponsored by the law firm of Gilpin, Paxson & Bersch and the Greater Houston Builders Association (1993 and 1994).

“Workers’ Compensation Law in Texas.” Author of paper and presentation to the annual legal liability seminar cosponsored by the law firm of Gilpin, Paxson & Bersch and the Greater Houston Builders Association (1993 and 1994).

“Texas Insurance Law Update.” Co-author of a monthly update on significant Texas insurance cases of universal interest to current and prospective insurance clients, Gilpin, Paxson & Bersch (1993 – 1995).

“Overcoming Jury Bias.” Co-author of paper presented at the Insurance Law Seminar sponsored by the University of Houston (1993 and 1994.)

SEMINARS AND SPEAKING ENGAGEMENTS

“Soriano and Settlement Strategies After OGA Charters.”   Advanced Insurance Law Seminar.  (June 2019) 

“Reducing Insurers’ Bad Faith Litigation Exposure in Reasonable Settlement Offers.”  Member of a three-person panel for continuing education presentation sponsored by The Knowledge Group to discuss strategies to avoid or defend litigation relating to handling of insurance claims.  (March 2017)

“Texas Surplus Lines Regulations – Recent Legislation.”  Three-hour continuing education seminar presentation to Independent Insurance Agents of Houston outlining the current state of Texas surplus lines regulations following the federal Non-Admitted & Reinsurance Reform Act of 2010 (“NARRA”) and recent Texas legislation to bring the Texas Insurance Code into compliance with NARRA mandates.  (June 2013) 

“Lessons Learned from Hurricane Ike.” Three-hour seminar presented to the Independent Insurance Agents of Houston summarizing accumulated experience in five years of representing insurers, agents, and adjusters in litigation arising out of insurance claims submitted for hurricane property damage.  (May 2013) 

“Texas Surplus Lines Insurance – Avoiding Unauthorized Insurance.”  One-hour seminar presentation to client groups regarding developments in Texas surplus lines insurance law.  (May and November 2012)

Photo of P. Wayne Pickering
Houston
Niels Esperson Building
808 Travis
Suite 1100
Houston, TX 77002
T: 713.632.1745
F: 713.222.0101

Admissions

Clerkships

Education

University of Houston Law Center, J.D., 1989

Eastern Illinois University, B.S.B., 1978