Current Scope of Practice
Mr. Diksa’s practice includes handling diverse litigation matters before state and federal courts, administrative agencies and arbitration panels in Texas, Colorado and other jurisdictions around the country. Mr. Diksa represents insurers, health plans and managed care organizations in insurance coverage disputes, extra-contractual claims and healthcare litigation, including ERISA.
Obtained multiple post-appraisal summary judgments on behalf of property insurers, dismissing all contractual and extra-contractual claims after payment of the appraisal award.Obtained summary judgment in favor of insurer in breach of contract/bad faith lawsuit filed in the Western District of Texas-Midland/Odessa Division arising out of underinsured motorist claim made under a commercial garage policy.
Obtained summary judgment on the pleadings in a healthcare management company and its nurse case manager in a state court lawsuit seeking $2.5 million in damages for bad faith, intentional infliction of emotional distress, and breach of physician-patient confidentiality.
Successful defended a Medicare Advantage HMO in an arbitration brought by several acute care hospitals alleging breach of contract and violations of the Texas Prompt Pay Act. Arbitrator entered take nothing award.
Obtained dismissal at the motion to dismiss stage in favor of a Medicare Advantage plan in a bad faith lawsuit filed in the Southern District of Texas-Houston Division. The dismissal was upheld by the Fifth Circuit.
Obtained dismissal with prejudice of utilization review company in a workers’ compensation bad faith lawsuit filed in Harris County district court. The district court granted the company’s special exceptions on the ground that Plaintiff’s claims were not recognized under Texas law.
Admissions, Affiliations, and Activities
Mr. Diksa is admitted to practice in Texas (1999), Colorado (2013), the United States Court of Appeals for the Fifth Circuit and the United States District Court for Colorado and the Northern, Eastern, Southern, and Western Districts of Texas.
Mr. Diksa was selected to participate in the Lawyers on Loan Program with the Dallas County District Attorney’s office, prosecuting DWI, family violence and other misdemeanors. While serving as an Assistant District Attorney, Mr. Diksa was lead prosecutor in numerous jury trials and trials before the court.
Presentations and Publications
“Windstorm Deductible Endorsement Does Not Expand Coverage for Hurricane Katrina Loss,” Sedgwick’s Insurance Law Update
“Recent Developments: Anti-Indemnity, Graves Amendment and Owner-Operator v. Employee Issues,” Chartis Transportation Board Meeting, Dallas, Texas
"Texas Court of Appeals Limits Discovery of Insurer’s Claim Files," Sedgwick’s Insurance Law Update
“Texas Supreme Court Again Refuses to Consider Extrinsic Evidence in Evaluating a Carrier’s Duty to Defend,” co-authored, Sedgwick’s Insurance Law Flash
“Texas Court Holds Hospitals Can Bypass Medicare Appeals Step in Reimbursement Claims,” Sedgwick’s Healthcare Law Newsletter
“Humana Liable for Negligent Case Management,” Sedgwick’s Healthcare Law Newsletter
Mr. Diksa received his J.D. (1999) from The University of Texas School of Law. He earned a B.A. in political science (1996), magna cum laude, from George Washington University.
B.A., George Washington University, 1996
J.D., University of Texas, 1999