Bradley J. Aiken
Phone: (713) 337-5586
Fax: (713) 337-8846
Brad Aiken is a trial lawyer in the firm’s Houston office. Brad’s practice focuses on complex civil litigation, including property and casualty, life, health and AD&D insurance litigation; stranger-owned life insurance (“STOLI”) litigation; construction litigation, personal injury, product liability litigation, labor and employment litigation, and general business litigation. Brad also issues insurance coverage opinions for clients across varied product lines.
Brad has practiced in numerous venues and jurisdictions across the country, including state and federal courts in Arizona, Arkansas, California, Florida, Louisiana, Nevada, New Mexico, New Jersey, New York, North Carolina, Oklahoma, Puerto Rico, Texas, and Wyoming. Brad also has experience litigating matters before the United States Court of Appeals for the First Circuit, the United States Court of Appeals for the Fifth Circuit, the United States Court of Appeals for the Eleventh Circuit, and in arbitration proceedings before the American Arbitration Association and the Financial Industry Regulatory Authority (FINRA).
After graduating from the University of Texas with a degree in finance, Brad worked at Morgan Stanley & Co. as an investment-banking analyst. As an analyst, he focused on oil and gas issues; advising clients on financing, mergers, and acquisitions; and strategic-structural alternatives. Brad’s financial background allows him to provide clients with creative and pragmatic business solutions to help mitigate their high stakes litigation risks.
Brad is heavily involved in the Houston Legal Community. Brad has participated on the Houston Nominating Committee of the Texas Bar Foundation, Vice President of the University of Houston Law Center Alumni Association, is on the Andrews Kurth Moot Court National Championship Competition Committee, and is a member of the Law Captains Committee of the University of Houston Law Alumni Association. In 2013, Brad was named a University of Houston Law Center Rising Star.
Outside of the office, Brad is an avid supporter of The University of Texas, where he was a captain of the Longhorns swimming team. Brad also enjoys photography, fly fishing, grilling a great steak, and spending time with his family.
- Represented various property and casualty insurers across the country in more than 1,500 first party matters across 9 “CAT” storms, involving allegations of breach of contract and bad faith.
- On the cutting edge of “gig economy” litigation through representation of several gig economy companies involving personal injury and the employee/independent contractor relationship.
- Represented life insurance carriers in connection with a wide variety of STOLI litigation matters around the country.
- Represented clients in construction defect litigation in multiple states, including subrogation actions and in defense of contractors.
- Prepared coverage options for insurers across various lines of insurance.
- Represented clients in matters related to sensitive bodily injury cases brought under various lines of coverage, including commercial general liability, fleet auto rental, homeowner, renters, aviation hull and liability, and novel on demand coverages for various gig economy companies.
- Replaced one of the largest defense firms in Puerto Rico in more than 300 residential first party property cases against several of the Country’s most prominent Plaintiff’s firms following Hurricane Maria.
- Successfully defended against a lawsuit seeking more than $4 million in life insurance benefits brought by the ex-wife of the decedent. After a contentious litigation, the court granted the carrier’s Motion for Summary Judgement, agreeing that plaintiff lacked standing under the applicable divorce revocation statue.
- Successfully rescinded a $1million Nevada life insurance policy issued to a former mixed martial arts champion due to misrepresentations on the application when the insured was found murdered several months after the policy’s issuance.
- Successfully rescinded a $10 million life insurance policy purportedly purchased by billionaire treasure hunter that turned out to be a destitute individual living in a Florida slum. The policy was part of an elaborate STOLI scheme to defraud the insurance carrier.
- Represented Standard Guaranty Insurance Company against a homeowner seeking $1.3 million for breach of contract and bad faith related to damages caused by Hurricane Ike. Within 5 months of litigation, the federal trial court struck plaintiffs’ expert and granted Standard Guaranty’s motion for summary judgment, holding that a contractor’s estimate alone is insufficient to create causation between a covered loss and stated damages. The U.S. Court of Appeals for the Fifth Circuit affirmed, despite the trial court’s refusal to allow plaintiffs to perform any discovery.
- Successfully represented a life insurer in an equitable action for rescission of a $5 million life insurance policy against a Rhode Island irrevocable trust in the U.S. Court of Appeals for the First Circuit. The Court upheld the policy rescission and permitted the insurer to keep the policy premiums.
- Drafted a successful brief to the U.S. Court of Appeals for the Fifth Circuit in which the court affirmed a take-nothing summary judgment and multiple orders striking the plaintiffs’ evidence and expert testimony in favor of Standard Guaranty Insurance Company in a matter related to alleged violations of the Texas Insurance Code and bad faith.
- Drafted a successful brief to the U.S. Court of Appeals for the Fifth Circuit in which the court affirmed a $670,000 judgment in favor of American General Life Insurance Company against as insurance agent for return of commissions.
- Obtained a $46,000 award in favor of American General Life Insurance Company for claims of fraud, breach of fiduciary duty, and civil theft in an employee-embezzlement dispute.
- Obtained a take-nothing award in a FNRA dispute resolution arbitration defending against allegations of breach of contract and fraud regarding the issuance and administration of a variable annuity life insurance contract.
- Successfully defended Fair Titling Trust in a case whereby the plaintiff asserted more than $1,000,000 in damages against our client for negligent entrustment of a vehicle to a co-defendant that caused a car accident. Ultimately, the court granted the Motion for Summary Judgment, dismissing all claims.
- Successfully prosecuted a construction defect subrogation action involving a catastrophic residential fire, despite the original fire investigator’s inability to determine the cause and origin of the fire. The case involved issues of first impression under the Texas Residential Construction Liability Act related to a subrogee’s obligation to mitigate damages while permitting the contractor access to inspect the property.
- Hired by a nationally prominent Plaintiff’s firm that has been adverse to MH to maximize the insurance recovery under two aviation liability and hull insurance policies with maximum coverage of $35 million for a wrongful death plane crash in east Texas.
PUBLICATIONS & SPEAKING ENGAGEMENTS
- 04-04-2017, Boston, Massachusetts “It’s the Law: Life Litigation Updates,” East Coast Claims Conference
- 03-30-2017, Nashville, Tennessee “Strategies for Taking the Offensive,” 2017 CLM Annual Conference
- 10-28-2015, Miami, Florida 2015 Field Adjuster & Manager Conference: “Property Adjusting: Best Practices”
- 03-26-2015, Palm Desert, California 2015 CLM Annual Conference: “Bad Faith: Are you Insulated”
- 02-26-2014, San Antonio, Texas 2014 Property and Casualty Field Adjuster Conference: “Property Adjusting in Texas”
- Houston, Texas, Continuing Legal Education Presentation: “Changes to the Removal and Venue Statutes” (2012)
- United States District Court for the Northern District of Texas
- United States District Court for the Southern District of Texas
- United States District Court for the Eastern District of Texas
- United States District Court for the Western District of Texas
- United States Court of Appeals for the Fifth Circuit
- United States Court of Appeals for the Eleventh Circuit
- United States District Court for the Southern District of Florida
- University of Houston Law Center, J.D., 2007
- The University of Texas at Austin, B.B.A., Finance, 2000