Brook F. Minx, Esq.
Brook Minx is Managing Shareholder of Donato, Minx, Brown & Pool, P.C., a law firm founded in 1995, and works as a trial lawyer with experience in subrogation, insurance coverage/bad faith, insurance defense, mold litigation, personal injury, products liability, premises liability and transportation. Born in Kansas City, Missouri, Mr. Minx graduated from the University of Kansas in Lawrence, Kansas in 1975 with a Bachelor of Science degree in Chemical Engineering; he was a practicing engineer in the petrochemical industry (see Engineering Experience below), receiving his law degree from South Texas College of Law in 1994, as well as a B.G.S. in Chemistry from the University of Kansas in 1994. Mr. Minx is a member of the Board of Directors of Tony’s Prostate Cancer Research, a charitable organization supporting non-invasive cancer research; a member of the Board of Trustees of the Lone Star Chapter of the National Multiple Sclerosis Society; and a member of the SCI Hunter Legacy 100 Fund, a charitable organization supporting wildlife conservation, outdoor education and humanitarian services.
Project Engineer, Process Engineer and Project Manager for various petrochemical manufacturing companies such as Allied Chemical Corp. Projects for production facilities included production of ammonia, nitric acid, ammonium nitrate, ammonium phosphate, phosphoric acid, urea, and anhydrous ammonia storage. These projects ranged from small debottlenecking of existing production facilities to increase production, to design and installation of grass roots fertilizer complexes and using engineering contractors such as M.W. Kellogg, Jacobs Engineering, Bechtel, etc. Engineering experience includes compressors, turbines, pumps, piping, instrumentation, reactors, reformers, catalyst, distillation towers, heat exchangers, prilling towers, and granulators to name a few.
Areas of Practice:
Insurance Coverage / Bad Faith
General Civil Litigation
- Subrogation: From Loss to Verdict - Posted 12/4/15
- Insurer’s Guide: Adjusting Water Damage and Mold Claims in Texas
- Texas Insurance Law Reservation of Rights
- Recovering Punitive Damages In A Commercial Context
- Current Employment Position:
- Managing Shareholder
- Bar Admissions:
- Texas, 1994
- U.S. Supreme Court
- U.S. Court of Appeals 5th Circuit
- U.S. District Court Southern District of Texas
- South Texas College of Law, Houston, Texas, 1994 - J.D.
- University of Kansas, 1994 - B.G.S.
- University of Kansas, 1975 - B.S.
Major: Chemical Engineering
- Representative Cases:
- Valero Energy Corporation v. Compressor Controls Corporation
- CBS Radio, Infinity Broadcasting, and Lin Television v. Anonymous
- Global Octanes v. Anonymous
- City of Austin v. Pauwels Canada, Inc., Preferred Sales Agency, Inc. and Maschinfabrik Reinhausen GmbH
- Honors and Awards:
- Order of the Lytae (Law School Honor Grades)
- Best Appellate Brief Award
- 2nd Best Speaker Award Moot Court Competition
- Certified Engineer-In-Training , State Board of Engineering
- Professional Associations and Memberships:
- National Society of Professional Engineers
- American Institute of Chemical Engineers
Citgo Petroleum and Underwriters at Lloyds v. The Babcock & Wilcox Company;
Obtained a $455,720,299.00 verdict resulting in a net $387,421,694.65 verdict for CITGO Petroleum and Underwriters at Lloyds against The Babcock & Wilcox Company. The six week trial was heard in Cook County, Illinois and resulted in the largest verdict ever rendered in Cook County and the second largest non-class action verdict in the State of Illinois. The jury deliberated for eight hours before returning a verdict. The lawsuit focused on an August 14, 2001 fire at CITGO’s Lemont, Illinois refinery. Post-accident investigation determined that an eight inch elbow manufactured in 1981 by The Babcock & Wilcox Company was the cause of the fire. The firm sought recovery of property damage and business interruption. The firm worked through complex bankruptcy and insurance deficiencies to obtain a recoverable verdict. The Babcock & Wilcox Company was represented by John Donley and Andrew McGaan of Kirkland & Ellis.
EcoElectrica, L.P. v. Certain Underwriters at Lloyd’s London, et al. Arbitration Proceeding under the Federal Arbitration Act-New Orleans, Louisiana.
The Firm successfully defended Underwriters in a two-week insurance coverage arbitration involving a cogeneration electrical plant located in Penuelas, Puerto Rico. EcoElectrica demanded coverage for the failure of a Siemens Westinghouse generator rotor alleging $15,500,000.00 in physical damages and business interruption. The Firm asserted the failure was caused by a progressive manufacturing defect that negated coverage under the latent defect exclusion. In a 3-0 decision, the arbitration panel determined that the policy was not triggered by the claims of EcoElectrica and awarded $0 in monetary damages against Underwriters.EcoElectrica utilized three generator experts, Clyde Maughan, Isidor Kerszenbaum and Geoff Klempner, and Siemens Westinghouse engineers to argue the defect was sudden and not progressive. Despite the numerous engineers, the Firm through the use of Mike Thomas as their technical expert, convinced the panel of the progressive nature of the defect and its exclusionary affect on coverage. The Firm successfully defeated EcoElectrica’s claims of coverage on factual grounds, proving no physical damage trigger, no occurrence, the application of the latent exclusion and the inapplicability of the ensuing loss provision.
EcoElectrica was represented by Gordon Grimes, Jack Montgomery and John Osborn of Bernstein, Shur, Sawyer & Nelson of Portland, Maine.
Pennzoil-Quaker State Company v. Genesis Crude Oil, L.P.; 61st Judicial District Court, Harris County, Texas, Cause No. 2001-01176. $12,750,000.00 settlement on a subrogation/property damage and business interruption claim arising out of contaminated chlorides in pipeline system supplied to Pennzoil refinery, causing rapid corrosion and subsequent Naphtha release and fire.
Valero Energy Corporation v. Compressor Controls Corporation, District Court, Nueces County; $8,400,000(+) settlement on a subrogation property damage and business interruption case arising out of the axial compressor failure in the refinery’s Heavy Oil Cracking Unit caused by the defendant’s defective surge control system. The defect was traced to an error in the antisurge controller software programming and coding logic.
CBS Radio, Infinity Broadcasting, and Lin Television v. Anonymous; $10,000,000 subrogation settlement on a broadcasting tower collapse which caused significant property damage and business interruption.
Global Octanes v. Anonymous; $1,225,000 subrogation settlement involving defective 48 inch diameter tilting double disc gate valves used in isobutane to isobutylene vacuum catalyst conversion process. The failure resulted in property damage to valves, reactor internals, catalyst, catalyst support system, and associated downstream equipment. The loss also caused MTBE production business interruption.
EGP Fuels Company, Enron Ventures Corp. and Enron Clean Fuels Company, a Division of Enron Gas Liqquids Inc. v. Ametek, Inc., Ametek-Schutte & Koerting, Hainge & Associates, Inc., Individually and doing Business as Apogee Engineering, Apogee Engineering, Ketema, Inc., Ketema Process Equipment, Schutte & Koerting, Division of Ketema, McCrometer, Inc., and McCrometer, A Division of Ametek. Subrogation settlement involving defective welding of piping within the steam desuperheater as provided by the manufacturer. Metallurgical testing revealed significant ASME code violations and violation of industry standard welding techniques.
City of Austin v. Pauwels Canada, Inc., Preferred Sales Agency, Inc.and Maschinfabrik Reinhausen GmBH. $2,700,000 subrogation settlement involving an explosion and ensuing fire of a 138/69-13.2kV, 132/176/220 MVA Autotransformer, manufactured by Pauwels Canada, Inc. The explosion originated due to a flashover of the dielectric insulating shaft in the B Phase tapchanger manufactured by Reinhausen. Further investigation revealed the dielectric insulating shaft was damaged during testing while on the test floor at Pauwels. The settlement of $2,700,000 was 140% of full damages, i.e. full damages plus pre-judgment interest.