Attorneys
Bruce McCandless

Bruce McCandless, III

Member
Email:bmccandless@mwlaw.com
Phone:(512) 480.5100
Location: Austin
Bar Admissions: District of Columbia, New York, Texas

Bruce McCandless III helps insurers, pharmacy benefit managers, and agents, both corporate and individual, navigate the increasingly complicated body of law and regulations that governs business in Texas. “My goal,” the former Assistant Attorney General and Texas Department of Insurance enforcement lawyers explains, “is not only to understand what the law says but also to figure out why it says it, in terms of past perceived harms and proposed policy goals—and to communicate this information to the client. I’ve found that most clients are willing to work hard to get to an amicable resolution of differences with the regulator. Usually, that’s the best choice for all concerned. But sometimes conflict is unavoidable, and we’re here to help with that too.”

Experience

  • Represents insurers and agents before Texas Department of Insurance and in state and federal courts.
  • Provides advice and counsel to insurer and agency clients regarding Texas regulatory matters, including property and casualty rate and form filings, legacy program issues, market withdrawals, and over- and under-charging issues.
  • Advises clients on a variety of civil litigation issues and concerns, including formulation of compliance plans regarding rescission and nonrenewal issues.
  • Handles claim determinations and appeals and related receivership litigation issues for guaranty association and creditor clients.
  • Drafts agency and MGA contracts, reinsurance trust agreements, and cost and tax-allocation agreements.

Education

  • University of Texas at Austin J.D. (1989)
  • University of Reading, UK M.A. in European History (1984)
  • University of Texas at Austin B.A., with high Honors (1983)

Involvement

  • Board of Directors, Austin Public Library Foundation (2015-present)
  • President, Zilker Theatre Productions (2007-2008)
  • Board of Directors, Zilker Theatre Productions (2005-2007)
  • Member, Austin Bar Association
  • Member, Lone Star Sierra Club

News & Articles

Articles

Publications

With Pati McCandless, “Politics, Policy, and Administrative Powers: Understanding Dual Regulation of Health Insurance in Texas,” 15 TEX. TECH ADMIN. LAW JOURNAL 143 (Fall 2013).

With Amanda MacLennan, “The Affordable Care Act: The Law That Would Not (Should Not?) Die,” presented to the Association of Insurance Compliance Professionals’ South Central Chapter Education Day, May 2014

With Pati McCandless, “The Texas Department of Insurance: Where It Came From, Where It’s Headed,” presented to State Bar of Texas 9th Annual Advanced Insurance Law Course, April 12-13, 2012 (and presented subsequently to the Texas Association of Life/Health Insurers Regulatory Round-Up (July 2012) and to the Texas Department of Insurance Enforcement Section (November 2013)

With Burnie Burner and Reed Bates, “Reforming the Texas Windstorm Insurance Association: The Politics and Policy of Catastrophe Risk Sharing,” FORC Quarterly Journal of Insurance Law and Regulation (Vol. 19, Ed. 2), Summer 2008

“Picking Up After High Tide: Title Agent Insolvencies in Texas,” August 2010, Mitchell Williams website insurance regulatory blog;

“A Brief History of the Texas Department of Insurance,” Journal of Texas Insurance Law, Vol. 3, Nos. 1 and 2 (Spring 2002 and Fall 2002)

“Patterson, John S.” a brief biography of former Commissioner of Insurance John Patterson (1915-16), published in The Handbook of Texas History Online, https://tshaonline.org/handbook/online/articles/fpaab

Hartford Fire Ins. Co. v. C. Springs 300, Ltd., 287 S.W.3d 771 (Tex.App.–Houston [1st Dist.] 2009, pet. denied)

Beacon Nat'l Ins. Co. v. Montemayor, 86 S.W.3d 260 (Tex.App.-Austin 2002, no pet.)

Fay Ray Corp. v. Texas Alcoholic Beverage Comm'n, 959 S.W.2d 362 (Tex .App.-Austin 1998, no pet.)