Mark Kincaid
1959 - 2016
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Funeral services will be Friday for Mark Kincaid, a prominent Austin lawyer with a passion for politics and fighting for the underdog, particularly those battling insurance companies.

An expert on insurance law, Kincaid was appointed by then-Gov. Ann Richards to serve as head the Texas Office of Public Insurance Counsel, a state agency that represents consumers in regulatory matters, in the mid-1990s. A trial and appellate lawyer, he continued to represent people and businesses in insurance disputes as a partner in the Austin law firm of George, Brothers, Kincaid & Horton.

"He handled a lot of the significant cases involving policyholder rights in Texas," said B. Russell Horton, a partner in the Austin firm and a friend for 20 years. "He did anything to help the policyholder and make sure the coverage they were entitled to was what they received. It's what got him out of bed each day."

Kincaid, 56, had a stroke Dec. 31 and did not regain consciousness before he died Tuesday with family members nearby.

Services will be 2:30 p.m. Friday at St. David's Episcopal Church, 301 E. Eighth St., followed by a 4:30 p.m. reception on the rooftop patio of the Texas Trial Lawyers Association.

Kincaid was president-elect of the association - he was to serve his term in 2017 - and frequently met with legislators and testified on insurance and consumer issues at the Capitol.

"He was very successful professionally, but what motivated him was using his keen intellect on behalf of people who were damaged by negligence or defective products, or an insurance company that did not live up to its obligations," said Jeffrey Simon, current president of the association. "To have a lawyer that good who's so dedicated to those causes was very special."

Kincaid, who taught insurance litigation for the past 10 years as an adjunct professor at University of Texas School of Law, had a quiet demeanor that could not hide the force of his intellect, said Sen. Kirk Watson, D-Austin.

"He was very smart. He had excellent skills as a lawyer. But above all else, he was one of the most caring men I've known," Watson said.

Kincaid is survived by his wife, Joan Erlinger Kincaid; son William, 9; and two adult sons from a prior marriage, Connor and Matthew Kincaid.
Published in Austin American-Statesman on Jan. 20, 2016.
02:30 PM
Memories & Condolences
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34 entries
August 10, 2017
I attended high school with Mark. Shared some funny things. Didn't know he had passed. So sorry for your loss.
Jeff Williams
May 2, 2017
Still missing you <3 There are so many things I would like to share with you, like my project at the Austin Children's Shelter and the "Make Your Mark" area I am designing in your honor. Kids will be able to express themselves through art to remember and honor those they have loved and lost. I still have a hard time really believing you are not on the planet. You are so missed and loved. I have not been on my bike in over a year. I rode that bike in honor of so many I have lost and pedal so many of those miles with you on a bike or in a sag vehicle. I think getting on my bike now makes me sad. I will get back on it when the time is right. I have been pouring myself into my art for the last 2 years. I meet people now who knew you and who lives you touched. I am so grateful you came into my life and I will forever remember your beautiful smile, your big heart and all of the heartfelt talks, advice and love you gave to me so generously. When my dad passed away your words were so loving and supportive. I miss you and love you and thank you for being my friend. Peace, love & light always. Tammy
Tammy Stanley
July 21, 2016
I just found out that Mark had passed away. I worked for him while at UT Law (as a law clerk and as a research assistant for him at UT). He was a great guy--funny, open, and brilliant. I am so sorry to hear of his passing.
Versel (Wall) Rush
May 3, 2016
Missing you.
Tammy Stanley
April 22, 2016
I just heard about Mark's untimely death. Mark and I met in law school. Just a few years ago we worked together on an appeal to the Texas supreme court. We would get together from time to time when I was in Austin. He was brilliant and funny and had a huge heart. What a terrible loss.
Scott McLain
January 21, 2016
I had the privilege of knowing and working with Mark while Connor and Matthew attended Highland Park Elementary School in the 90's . Mark was one my favorite parents as he helped me with P.E. Classes and Events. He was always there when needed and with a great sense of humor the students loved. My sincere condolences to his Family and Friends .
Coach Dave Woods
January 22, 2016
Mark, you were such a joy to work with and the world is a little bit dimmer without your light shining in it. You are a beautiful soul! Cristi Maxwell
Cristi Maxwell
January 22, 2016
My deepest condolences to Joan and the Kincaid family. May the Lord give you strength at this time, and may the memories give you comfort. Sincerely, Maria Fajardo, IWHS Class of '84
Maria Fajardo
HS Classmate Of Joan's.
March 3, 2016
It is never easy to go through things like this at any time in our lives. Mark sure accomplished many things in his short life.
I knew him when he was a little lad, as we lived next door to his grandparents. You all are in my prayers.
Linda Jenkins Anthony
January 26, 2016
RIP. Savannah Robinson
Savannah Robinson
January 25, 2016
I was so sad to see this. I was a receptionist for Mark and Russell many years ago. Mark was always my favorite person to see in the morning. Such a wonderful person. I'm so sorry for your loss.
Katie McCormick
January 24, 2016
I was very sorry to hear of Mark's passing. You are in my thoughts and prayers are being said.
Patty Carls Varner
January 24, 2016
You helped and you will be missed.
Karl Bayer
January 23, 2016
Mark, may the good Lord love you.

Your good friends Max And James Sherrin
Max Sherrin
January 22, 2016
I am deeply saddened to learn of the loss of a great lawyer and a kind and passionate person. I was fortunate to have known Mark since the beginning of our legal careers. We served on the consumer law council together for many years and I have very fond memories of our retreats (playing Pictionary - Yes a board game - no cell phones, I-pads or other electronic gadgets back then). He will truly be missed and I agree that his legacy will last forever. My thoughts and prayers are with his family through this difficult time. May God Bless each of you and provide you comfort.
Debbie Bullion
January 22, 2016
I met Mark in 1994, when we ran against each other for state district judge. We became friends, and I always enjoyed talking with him. He had a keen intelligence, a great sense of humor, and an encyclopedic knowledge of insurance law that I always envied. Mark was a very fine lawyer and a person devoted to high ideals. He did a lot of good in his too-brief life, and he will be greatly missed.Suzanne Covington, Senior District Judge
Suzanne Covington
January 22, 2016
Libby and I were deeply saddened to learn of Mark's passing and extend our sympathy to all who grieve for him. I admired Mark's passion and commitment to his clients and his decades-long dedication to the protection of consumer rights. He was, as many know, a great lawyer. But more importantly, he did so in service of others and the greater public good. I'm grateful for his service to the legal community, our state and country, and above all, for his many years of friendship.
Lloyd Doggett
January 22, 2016
I knew Mark because of the Hill Country Ride for AIDS. He was a fun, smart, really great guy. The world is definitely a better place because he was here.
Becky Helton
January 21, 2016
Mark Kincaid and I played football together at Athens High School. He was a good friend who was admired for his kindness and ability to relate to others in a positive way.
Gary Bristow
January 21, 2016
Gary Bristow
January 21, 2016
Mark played football with me our senior year at Athens High School in 1977. Remembering during a Pre-Game warm up, he was the center of our football team. Mark was "testing" me out as a punter. He snapped the footballs repeatedly one after the other to me with great velocity and accuracy. Finally after punting alot of times, I held up my hands as to say "That's enough before the game." Mark just nodded with respect and we both trotted to the sideline. He was a very compliant, respectful, and intelligent person.
Gary Bristow
January 21, 2016
Mark's legacy will last forever. He always fought for the less advantaged and is an example for everyone in our profession.
John Jones
January 21, 2016
Dearest Kincaid Family -

My heart goes out to you in your loss of Mark.

He and I were classmates at Athens High School. We were on the football team together and he was one of my dearest friends during those days. I always knew Mark was a bright man and am pleased to know he used his gifts so well in life.

My prayers are with you all. May God bless.

Drew Douglas
Athens High School Class of 1977
Athens, TX
January 21, 2016
Mark was a wonderful man and lawyer. He always offered a helping hand. Back in the early 90's, my trial partner and I were prosecuting insurance company officers and directors. Mark helped this English major flower child understand the insurance business. Mark Kincaid was a man with a big brain and a big heart. Karrie Key
Karrie Key
January 21, 2016
I went to Athens High School with Mark. We spent many great hours on the court because many of us, on the team, had a love for the game.
Mark was always making us laugh. He was always caring and quiet. Over the years I have remember those times with a smile and warm heart. It was nice, a few years ago to become FB friends.
Prayers for his family and may God surround you in His Loving arms.
Kim LaMunyon, Perryton, Texas
kim LaMunyon
January 20, 2016
My deepest sympathy for Joan and Mark's sons and family.

I was one of his high school classmates from Athens, Texas.

We will all miss him at future class reunions.

May God give you all comfort of family and friends who loved Mark.

He was a great man.
JoAnn Swain
January 20, 2016
Mark and I were young lawyers together. He was a fourth year and I was a baby, but I could ask him stupid questions and he would still treat me like a peer. We laughed a lot and he taught me well. I remember when Connor and Matthew were born, he was so proud. I'm so sorry we have to lose him so soon.
Linda Meltzer
January 20, 2016
Mark Kincaid was one of the smartest sharpest lawyers that I ever met and I was privileged to have known him. His passing is a great loss to TTLA, Texas & consumers everywhere. He was a champion of our rights & the civil justice system. A champion of champions, a true Texan that held tight & close those original values that meant so much when TEXAS fought for its independence. I will miss him.
Robert White
January 20, 2016
As smart, involved and caring as Mark was he always made you feel like you were doing something important. He always greeted me with a big smile and a comment. The good do die young.
malcolm greenstein
January 20, 2016
Trey Crawford
January 20, 2016
We are all so privileged to have known Mark through the years. I first met him in the Fall of 2000. His law class was a revelation for me, shaping the course of my life.

He struck me then and in all of the years to come as a man in full -- in complete command of his craft, brilliant, centered, honest and true, funny in the face of adversity, kind, generous in spirit, Wordsworth's happy warrior.

I am so fortunate to call him a mentor and friend. I know that he similarly touched the lives of so many.

Mark used his towering intellect and his fundamental decency as a person to be a warrior for justice -- in the courtroom and at the Capitol. He was the best of us, and he gave his all to the fight. We are all in his debt.

Our thoughts are with Mark's loving family. Thank you from the bottom of our hearts for sharing him with us.
Ware Wendell
January 20, 2016
I recently met with my cousin for conversation at one of Austin's local establishments. Mark had a way of bantering that I loved and appreciate. The topics ranged from religion to politics but some how always came back to our family. No matter the topic, Mark provided comfort when we spoke. That was a gift he shared with many.
May God provide comfort to all those who have had the pleasure of being his friend.
Tracy Matthews
January 20, 2016
Mark was a gifted, charming man. He will be greatly missed.
Lynne Rupp
January 20, 2016
Mark was one of the finest lawyers I know and I am stunned by his sudden death. He and I were both younger lawyers against each other years ago and through that experience, even though we were legal adversaries, we became friends and remained so over the twenty or so years since. His loss is a huge loss to the Bar but more so to his friends and family. I know he always spoke fondly of his kids as a very proud dad every time we discussed our families. May God grant those closest to him His peace in this time of sorrow. Mark will be missed by so many.
David Schubert
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