Clayton N. Matheson’s practice focuses on complex commercial litigation and contract disputes, with an emphasis on the insurance industry generally, and on professional liability and CGL (commercial general liability) matters specifically. Mr. Matheson primarily assists insurance companies in first-party coverage disputes. He also monitors, and often assists in the defense of, third-party claims against insureds. He has advised both primary and excess carriers, as well as reinsurers.
Practice & Background
Mr. Matheson has handled matters in state and federal courts across the country. He has particular experience in cases alleging legal malpractice, securities fraud and breaches of fiduciary duty by financial and investment advisors. He is familiar with the bad-faith insurance laws of Texas, California, New York, and numerous other states, and he has a thorough understanding of the implications of the tripartite relationship between a liability insurer, its insured, and defense counsel, as well as the rules applicable to insurance applications, insureds’ notice obligations, and insurers’ rescission rights.
A Texas native, Mr. Matheson received his B.A. magna cum laude from the University of Pennsylvania in 2005. In 2010, he received his J.D. with honors from the University of Texas School of Law, where he was a Townes-Rice Scholar and a member of the Texas Law Review. Before attending law school, Mr. Matheson worked for three years in Washington D.C. as an analyst for the House Committee on Energy and Commerce’s Subcommittee on Oversight and Investigations.
Mr. Matheson is a member of the Federal Bar Association, the Texas Young Lawyers Association, the San Antonio Bar Association, and the San Antonio Young Lawyer’s Association. He also sits on the boards of directors of San Antonio-based nonprofits Chrysalis Ministries, Inc. and its affiliate, the Chrysalis Endowment. He serves as Chrysalis’ treasurer and as the Endowment Board’s president.
Examples of Mr. Matheson’s noteworthy engagements include:
- assisting in obtaining a unanimous verdict in favor of a law firm sued in federal court in Orlando, Florida for allegedly giving improper advice regarding the payment of death and brain injury claims, and then assisting in successfully defending against the plaintiff’s subsequent appeal in the Eleventh Circuit Court of Appeals
- serving on a trial team that won a unanimous defense verdict, as well as a post-trial award of all costs and expert witness fees, in favor of a large domestic insurance company sued in state court in Sacramento, California for alleged bad faith in denying defense and indemnity to the insured lawyer and law firm under a lawyers’ professional liability policy
- advising London market insurers on coverage and settlement issues in connection with multiple legal malpractice actions brought by real estate developers against insured law firms in California state court in San Diego and San Francisco
- advising London market insurers on coverage issues with respect to hundreds of claims involving D&O, PI, and Excess insurance for a failed financial services company sued with its directors and officers in various state and federal courts across the country
- advising a major domestic insurer with respect to lawsuits brought in Texas state court involving the sales of allegedly unsuitable annuities, life insurance policies and employee benefits plans
- assisting with the defense of a major international retailer in a case brought under the Telephone Consumers Protection Act.