Picture of Michael J. deBarros

Michael J. deBarros

Partner

"Regardless of the challenge at hand, I bring a level of intensity and efficiency that results in proactive and thoughtful advocacy on behalf of insureds faced with high-stakes, complex insurance disputes."

Mike deBarros is the leader of Kean Miller’s Insurance Coverage and Recovery practice group. Mike represents insureds in obtaining the insurance coverage they bargained for. He regularly represents Fortune 500 companies and local businesses against insurance companies.

Mike has handled hundreds of Texas and Louisiana insurance matters involving commercial general liability, directors and officers liability, employment practices liability, fiduciary liability, pollution liability, crime, builder's risk, commercial property, errors and omissions, and cyber/privacy insurance policies. He litigates and negotiates business-critical verdicts and settlements, often in excess of a million dollars.

From pursuing insurance carriers for failure to pay, to litigating settlements within stated policy limits, Mike has collectively recovered hundreds of millions of dollars for his clients from insurance companies. He brings veteran know-how to enforcing policyholder rights under a wide variety of insurance policies.

Mike’s knowledge of Texas and Louisiana insurance law makes him a go-to advisor in the region. Mike helped “write the book” on insurance law. He is the author of the Louisiana and Florida chapters of the ABA's Reasonable Expectations: Interpreting Insurance Policies in Common Law Jurisdictions, and a co-author of the ABA’s The Reference Handbook on the Commercial General Liability Policy. Moreover, Mike’s familiarity with the major carriers often results in his ability to anticipate their next move and then leverage that position as the catalyst for his client’s win.

Mike also reviews, drafts, and negotiates a full array of insurance and indemnity provisions in service agreements, purchase orders, statements of work, leases, supply agreements, construction contracts (including AIA contracts), and other agreements – all designed to keep his clients away from potential liability and disputes. In everything he does, Mike is appreciated for being hyper-efficient in conserving client resources and bringing significant value to his clients.

In addition to his insurance coverage practice, Mike represents trustees, succession representatives, and businesses in a variety of commercial disputes, including trust and estate matters and antitrust, RICO, and shareholder derivative lawsuits.

Prior to joining the firm, Mike clerked for Chief Judge Ralph E. Tyson of the U.S. District Court for the Middle District of Louisiana, as well as for Justice Nkabinde in South Africa’s highest court. During law school, he served as a Judicial Extern for Justice John L. Weimer of the Louisiana Supreme Court.

These experiences allowed Mike to understand the court system from the inside out and have resulted in a higher level of efficiency and problem-solving for his clients – particularly before the Middle District of Louisiana and the Louisiana Supreme Court. Mike is fluent in the rules, protocols, and arguments that are most persuasive to these courts given that he analyzed claims as a court insider early in his career.

Representative Experience
  • Serves as general counsel to a liability trust which offers general liability coverage to Louisiana builders.
  • Briefed, argued, and obtained a landmark ruling from the Louisiana Supreme Court expanding an insured's bad faith causes of action against its insurer in Kelly v. State Farm Fire & Cas. Co., 14-1921 (La. 5/5/15); 169 So. 3d 328.
  • Briefed and assisted in obtaining a landmark ruling from the Louisiana Supreme Court that an insured's cause of action for “bad faith” against its insurer under Louisiana law is subject to a 10-year prescriptive (statute of limitations) period in Smith v. Citadel Ins. Co., 2019-00052 (La. 10/22/19); 285 So. 3d 1062.
  • Obtained $30+ million under CGL and pollution liability policies for pollution-related losses.
  • Obtained $25+ million in coverage for a Fortune 500 company from insurers under general liability policies for injuries sustained by plant workers and contractors after a plant explosion.
  • Obtained $10+ million in indemnity and defense payments for an energy company from its contractors and their insurers for injuries arising from a well blowout.
  • Obtained $7.6+ million in insurance proceeds for one of the world's largest outdoor advertising companies for hurricane-related property damage, business interruption losses, attorneys fees, court costs, and bad faith damages.
  • Obtained $5+ million in insurance proceeds for client for water damage to hotel caused by defective construction.
  • Obtained a Gasquet settlement ($0 paid in settlement by client) which completely released his client from intentional tort claims filed by the client’s employees who had sustained multi-million-dollar personal injuries.
  • Obtained substantial sums from E&O and D&O insurers for an Enterprise Resource Planning software company in a dispute with its client.
  • Obtained $1.8+ million from insurers for an industrial product manufacturer involving an on-site injury.
  • Obtained $1.5+ million in defense and indemnity payments from an insurer under a D&O policy for a former CEO who was improperly accused of engaging in various wrongful acts.
  • Obtained $1.5+ million for an insured for Hurricane Ida losses in less than one month after being hired.
  • Obtained $600,000+ in insurance for client for damage to pre-engineered metal building.
  • Obtained $200,000+ for clients under a cyber and privacy liability policy for funds wired during a phishing scam.
  • Convinced various insurers to reconsider and reverse their denials of coverage.
  • Obtained a favorable settlement for a Texas insured against its insurer in a lawsuit filed by its insurance company to rescind the insurance policy for misrepresentations.
  • Obtained summary judgement against an insurer for bad faith failure to pay claims pursuant to La. R.S. 22:1892.
  • Obtained a favorable settlement for a local port commission after obtaining summary judgment that the port commission was an “additional insured” under the contractor's CGL policy.
  • Obtained a favorable settlement for one of the nation's largest agricultural formulators and distributors after defeating an insurer's motion for summary judgment claiming there was no insurable “property damage” to the rice crops.
  • Obtained a ruling that the D&O and EPL insurer owed a duty to defend a national seasoning manufacturer against claims by one of its co-owners.
  • Obtained a favorable settlement under CGL and PLL policies for releases of untreated wastewater from a wastewater treatment facility.
  • Obtained dismissal of all claims made by an insurance company against one of the nation’s top insurance brokers against an insurer’s claims for defense and indemnity.
  • Persuaded the court to reject the (nearly always applied) manifestation trigger theory in construction defect claims under CGL policies.
  • Argued and obtained dismissal of a civil RICO suit alleging $300,000+ in damages.
  • Represented Trustees at trial against beneficiary and obtained a ruling that Trustees had no liability to beneficiary.
Education
  • LSU Law Center, J.D., cum laude, 2009
    • Secretary, Intellectual Property Law Association
    • Member, Black American Law Students Association
  • LSU, B.S., 2005
Admissions
  • Louisiana
  • Texas
  • U.S. District Court for the Eastern District of Louisiana
  • U.S. District Court for the Middle District of Louisiana
  • U.S. District Court for the Western District of Louisiana
  • U.S. District Court for the Southern District of Texas
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Federal Circuit
  • Louisiana Supreme Court
  • Texas Supreme Court
Memberships
  • Member, Baton Rouge Bar Association
  • Member, Louisiana State Bar Association
  • Member, American Bar Association (Tort Trial and Insurance Coverage Litigation Committee)
  • Member, Federal Bar Association
  • Member, Constitutional Court Clerks' Alumni Association
  • President, Wex S. Malone American Inn of Court
Articles, Publications and Presentations
Recognition
  • "Rising Star," Louisiana Super Lawyers, 2018-2019
  • "Best Lawyers," The Best Lawyers in America, 2025
Community Service
  • Board of Directors, Baton Rouge Green, 2020-Present
  • Past Member, Board of Directors, Big Buddy Program
  • Founding Member, Crawfish King Cook-Off
  • Jambalaya Cook, Capital Area United Way
Super Lawyers
Michael Debarros Super Lawyers
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