David A. Offutt – Texas Insurance Expert Witness
David A. Offutt is a licensed Texas insurance professional with nearly two decades of active practice. Specifically, he is retained as an expert witness in insurance litigation across Texas. He serves both plaintiff and defense counsel. However, he does not function as an advocate. Instead, he provides objective, evidence-based opinions grounded in Texas insurance statutes, industry standards of care, and field practice.
His opinions are built on what actually happens inside the insurance transaction. That includes the agent’s desk, the underwriting file, and the claims process. Furthermore, this ground-level perspective is combined with deep statutory knowledge and a graduate economics background. As a result, his expert opinions hold up under cross-examination and translate clearly to a jury.
Credentials & Qualifications
| Credential | Detail |
|---|---|
| Texas Insurance License | License #1465807 – Active since 2007 (20 years active practice) |
| Graduate Education | MS in Economics, University of North Texas |
| Undergraduate Education | BS in Economics, University of Texas at Arlington |
| Published Author | Understanding Insurance in Simple English (Amazon, co-authored with Kevin Feldman) |
| Textbook Author | Authored Texas insurance licensing exam prep textbooks used at 123AceTheTest |
| Educator & Founder | Founded Texas Real Estate Academy – TREC-approved CE provider |
| Active Practice | Captive agent actively writing Texas insurance policies today |
| Referral Track Record | Nearly 3,000 realtor referrals over career – deep Texas real estate-insurance nexus experience |
| Geographic Base | Born and raised in Fort Worth, TX – Texas-rooted career from day one |
Key Statutes & Legal Frameworks
David A. Offutt is conversant with the Texas statutory and regulatory framework governing the cases he analyzes. Specifically, his work draws on the following:
- TX Insurance Code §541 – Unfair claim settlement practices and bad faith
- TX Insurance Code §542 – Prompt Payment Act (carrier response and payment deadlines)
- Eight Corners Rule – Duty to defend and coverage determination under Texas law
- 2024 Texas Property Insurance Reform Act – Current legislative framework affecting property claims
- Agent Standard of Care – Industry obligations at point of sale and placement
Career & Professional Background
David A. Offutt has built his entire career in Texas. Every role since 2003 has been rooted in Fort Worth. That continuity matters for attorneys seeking a witness who understands the Texas market from the inside.
Active Insurance Practice
David has operated as a licensed captive insurance agent since 2007. He built his agency from scratch to over $3 million in annual revenue. He currently manages a staff of five and serves nearly 3,000 referral relationships with Texas realtors. He writes policies today – not a retired practitioner reviewing old files from memory.
Industry recognition confirms he performs at the top of his field. He earned the Toppers Club distinction seven of nine eligible years. He received the Championship award twice and the Eagle’s Club designation eight times. In 2008, he was named Rookie of the Year. In 2016, he was selected for the Elite Pilot program in Commercial Insurance and named District Production Leader in Life. These are not self-reported credentials. They are performance-based distinctions awarded by the industry.
For more on Texas insurance licensing standards, see the Texas Department of Insurance agent licensing page.
Insurance Education and Authorship
David co-founded 123AceTheTest in 2024. It serves over 2,000 Texas insurance exam candidates annually. He personally authored all study materials to align with TDI exam blueprints. Candidate satisfaction scores average 4.8 out of 5.
He has also published three books on insurance. “Understanding Insurance in Simple English” (2014) was co-authored with Kevin Feldman. “123AceTheTest P&C” and “123AceTheTest L&H” followed in 2025. An agent who can write a textbook understands the material at a different level than one who simply sells policies.
Since 2014, David has owned Texas Real Estate Academy, a TREC-approved continuing education provider. The program offers 35 approved courses across classroom, online, and correspondence formats. That dual role – practicing agent and working educator – gives him command of insurance standard of care from two directions. No other Texas expert witness holds both roles simultaneously.
Communication and Courtroom Effectiveness
David is a trained public speaker and experienced classroom instructor. He leads monthly real estate professional groups through Buffini & Company, the largest real estate coaching organization in the world. He has testified in court and is comfortable under direct and cross-examination.
His academic foundation includes an MS in Economics from the University of North Texas. He also holds a BS in Economics from UT Arlington. That analytical training underpins his written reports and his explanations in the courtroom.
Areas of Expert Analysis
1. Bad Faith & Hail/Storm Claims
Texas led the nation with 1,123 hail events in 2023. Therefore, storm-related bad faith is the most active area of Texas insurance litigation. Consequently, David A. Offutt analyzes carrier conduct against the standards in TX Insurance Code §541 and §542. He examines whether claim investigations were timely and whether denial letters stated adequate grounds. He also evaluates whether payment decisions reflected industry-standard practice.
As an active agent, he has guided policyholders through the claims process directly. Notably, this firsthand experience informs his understanding of what the insured reasonably expects at each stage. Additionally, his field knowledge strengthens the credibility of his opinions in deposition and at trial.
2. Coverage Disputes – Policy Interpretation
Policy language disputes require someone who has read and explained coverage professionally for two decades. Specifically, these disputes include scope of coverage, exclusion applicability, and endorsement conflicts. David A. Offutt analyzes coverage questions under the eight corners rule. Moreover, he provides opinions on whether a carrier’s coverage position was reasonable and consistent with standard Texas practice.
He has also written textbooks on these exact concepts. For example, his exam prep materials translate complex policy terms into plain language. As a result, this positions him to explain coverage disputes to a jury without sacrificing precision.
3. Agent/Broker Errors & Omissions – Standard of Care
This is David A. Offutt’s most distinctive area of expertise. Most insurance expert witnesses come from the carrier or adjuster side. They can speak to claims handling, but not to the agent’s conduct at the point of sale. In contrast, David A. Offutt is actively writing policies today.
He opines on what a reasonably prudent Texas insurance agent should have done at point of sale. Specifically, he addresses what coverage options were required to be discussed. He also evaluates what disclosures were obligatory and what documentation should have been created. Finally, he assesses whether the policy placed matched the client’s stated needs.
This agent-side perspective is a critical gap in most expert witness panels. Importantly, David A. Offutt fills it directly from current, active practice.
4. Homeowner Claims – Fire, Water, and Wind
Fire, water, and wind claims generate the largest volume of homeowner insurance disputes in Texas. Consequently, David A. Offutt analyzes these claims from both ends of the transaction. First, he examines the policy as sold and placed by the agent. Next, he evaluates the claim as handled by the carrier.
His economics background supports rigorous analysis of damages calculations. Specifically, this includes ACV versus RCV methodology and the reasonableness of reserve and payment decisions. He then applies that analytical framework to the actual scope of loss established in the record.
5. Auto Insurance – UM/UIM Disputes
Uninsured and underinsured motorist disputes in Texas frequently turn on policy language and coverage stacking questions. They also involve the adequacy of the insurer’s pre-litigation settlement offer. Therefore, David A. Offutt analyzes whether the coverage placed was appropriate for the insured’s risk profile. He also evaluates whether the carrier’s position was consistent with Texas law and industry norms.
Additionally, he assesses whether the agent fulfilled the standard of care at the time of sale. Specifically, that includes offering and explaining UM/UIM coverage properly. Notably, that agent-side analysis is often the deciding factor in E&O cases tied to UM/UIM disputes.
The Agent Perspective – Why It Matters in Litigation
Most insurance expert witnesses in Texas come from one of three backgrounds. They are former adjusters, former carrier executives, or consultants who left active practice years ago. Typically, their expertise concentrates at the claims end of the transaction. However, that focus leaves the beginning of the relationship unaddressed.
David A. Offutt’s background is different. He is an active, producing Texas insurance agent. Specifically, he writes policies and sits across from policyholders to explain what they are and are not buying. In addition, he advises on coverage selections and documents the transaction.
He knows what a reasonably prudent Texas agent is trained to do, expected to do, and required to do. Importantly, he knows this at the moment of sale and placement – before any claim ever exists. That knowledge comes from current, daily practice – not from memory of a career he left behind.
In agent E&O cases and bad faith cases that implicate how the policy was written, this distinction is decisive. The question is often not just what the carrier did. Instead, it is what should have happened at the beginning of the relationship. Therefore, David A. Offutt can answer that question directly.
That perspective is genuinely rare in the Texas expert witness market. It is also the foundation of some of his most valuable opinions.
Engage David A. Offutt
David A. Offutt accepts retention by plaintiff and defense counsel in Texas insurance litigation. Specifically, retention inquiries are handled directly and confidentially. Prior to retention, he will confirm availability and the absence of conflicts.
To discuss your case and determine whether his background fits your expert witness need, please provide the following:
- Describe the case type and the specific expert opinion you need to establish
- Confirm jurisdiction (Texas state and federal courts)
- Provide your timeline for initial report delivery if known
David A. Offutt is available for case analysis, written expert reports, deposition testimony, and trial testimony. However, he does not provide legal advice. Instead, his opinions are analytical, not advocacy-based, in all engagements.
Contact David A. Offutt to discuss retention.
Author Bio
David A. Offutt holds TX Insurance License #1465807, active since 2007. He is a published author of Understanding Insurance in Simple English. He also founded Texas Real Estate Academy, a TREC-approved CE provider. Additionally, he holds an MS in Economics from the University of North Texas. For nearly 20 years, he has actively written policies, educated agents, and advised Texas policyholders. Today, he serves as an expert witness in Texas insurance litigation for both plaintiff and defense counsel.