Cases
Experience: Representative Matters: Chu v. Mercury Casualty - Defended Mercury in a jury trial. Plaintiff Chu, a Mercury insured, was at fault for an automobile accident that caused a traumatic brain injury to a passenger in his vehicle. Chu alleged that Mercury improperly denied coverage for the brain injury claim
unreasonably failed to settle it for the policy's $15,000 limits, which resulted in a large judgment against Chu. After a court ruled that the claim was covered, Chu sued Mercury for damages in excess of $10 million. Result: Defense verdict. This case was selected by the Daily Journal as a 'Top Defense Verdict' for 2017.
QBE Insurance v. ACM - Represented QBE in a binding arbitration against ACM, a third party administrator. QBE alleged that ACM's mish
ling of a liability claim ACM adjusted on behalf of QBE resulted in QBE having to settle extra-contractual claims brought against it for $15 million. QBE sought indemnity from ACM for the full amount of the settlement as well as other damages. Result: In a unanimous decision, the three-arbitrator panel awarded QBE $18.5 million in damages.
Dorroh v. Deerbrook - Defended Deerbrook in a 'bad faith failure to settle' case, in which it was alleged that Deerbrook's unreasonable failure to settle a catastrophic injury claim against its insured for the policy's $15,000 limits resulted in a judgment against the insured in excess of $30 million (inclusive of interest). Result: Defense verdict by summary judgment with published decision at 223 F.Supp.3d 1081 (E.D. Cal. 2016).
Du v. Deerbrook - Defended Deerbrook in a jury trial. Plaintiff alleged that Deerbrook refused to settle a claim against its insured for the policy's $100,000 limits. Because the claim was not settled, the insured was ultimately found liable for a $5 million judgment. Deerbrook was sued for the amount of the judgment based on a 'bad faith refusal to settle' theory. Result: Defense verdict with published decision at 697 F.3d 753 (9th Cir. 2012). This case was selected by the Daily Journal as a 'Top Defense Verdict' for 2010.
21st Century Ins. Co. v. Superior Court - Defended 21st Century in a class action alleging that it improperly asserted contractual reimbursement rights to recover med pay benefits it had paid. Result: Defense verdict with published California Supreme Court decision at 47 Cal.4th 511 (2009).
Allstate Ins. v. Kenick - Brought in to h
le the appeal of an 8-figure bad faith jury verdict based on a finding that Allstate breached its duty to settle a catastrophic injury claim. Result: The Alaska Supreme Court reversed the verdict
ordered that judgment be entered in favor of Allstate, with published decision at 435 P.3d 938 (Alaska Sup. Ct. 2019).
Purscell v. Tico Ins. Co. - Defended Infinity in a 'bad faith failure to settle' case in which it was alleged that Infinity should be liable for a significant excess verdict rendered against its insured. Result: Defense verdict by summary judgment with published decisions at 790 F.3d 842 (8th Cir. 2015)
959 F.Supp.2d 1195 (W.D. Mo. 2013).
Maystruk v. Infinity Ins. Co. - Defended Infinity in a class action alleging that it violated anti-steering laws by reducing coverage if a policyholder had the vehicle repaired at a non-approved repair shop. Result: Defense verdict with published decision at 175 Cal.App.4th 881, 96 Cal.Rptr.3d 494 (2009).
Norman v. Western General Ins. Co. - Defended Western General in a jury trial. Plaintiffs claimed that Western General improperly denied their insurance claim
rescinded the insurance policy based on a misrepresentation in the insurance application. Result: Defense verdict.
Pureco v. Allstate Ins. Co. - Defended Allstate in a 'bad faith failure to settle' case in which it was alleged that Allstate should be liable for a $5 million excess verdict against its insured because it failed to accept a $100,000 policy limit settlement dem
. Result: Defense verdict by summary judgment.
Caserta v. State Farm - Defended State Farm in a 5-week jury trial. Plaintiff alleged that State Farm wrongly accused him of submitting a fraudulent theft claim
that his Navy career was ruined by the accusations. Result: Defense verdict.
Burton v. Allstate - Defended Allstate in a jury trial. Plaintiffs, who lost their home in a wildfire catastrophe, alleged that they were underinsured as a result of their Allstate agent's misrepresentations
negligence. Result: Defense verdict.
Palma v. Mercury Ins. Co. - Defended Mercury in a 'bad faith failure to settle' case in which it was alleged that Mercury should be liable for a multi-million dollar excess judgment against its insured because it failed to settle the case within its $15,000 policy limit. Result: Defense verdict by summary judgment.
Williams v. Interinsurance Exchange - Defended the Interinsurance Exchange in a class action alleging that it charged illegal installment fees. Result: Defense verdict with published decision at 148 Cal.App.4th 1218 (2007).
Drommi v. Allstate - Defended Allstate in a 6-week jury trial. Plaintiff alleged that Allstate mish
led her earthquake claim
wrongfully rescinded an offer to pay her over $400,000 in policy benefits. Result: Defense verdict.
Bryan v. State Farm - Defended State Farm in a jury trial of a claim for malicious prosecution. Result: Defense verdict.
Richmond v. Allstate - Defended Allstate in a class action alleging that Allstate violated the law by systematically paying less than the 'stated value' on stated value boat policies. Result: Defense verdict.
Spears v. Allstate - Defended Allstate in a jury trial. The plaintiff alleged that Allstate mish
led
undervalued his claim for structural damage to his home. Result: Defense verdict.
Payne v. Infinity - Defended Infinity in a 'bad faith failure to settle' case in which it was alleged that Infinity should be liable for a $14 million excess verdict rendered against its insured. Result: Defense verdict by summary judgment.
Grayson v. Allstate - Defended Allstate in a 'bad faith failure to settle' case in which it was alleged that Allstate should be liable for a $2.5 million excess verdict rendered against its insured. Result: Defense verdict by summary judgment.
Aronson v. State Farm - Defended State Farm in a bad faith trial arising out of an uninsured motorist claim. Plaintiff alleged that State Farm acted in bad faith by refusing to offer any money at all for a claim that an arbitrator later determined to be worth over $500,000. Result: Defense verdict.
Sparer v. Allstate - Defended Allstate in a jury trial. Plaintiff alleged that Allstate mish
led his earthquake claim by using unlicensed engineering experts
ignoring the opinions of licensed engineers. Result: Defense verdict.
Aceves v. Allstate - Defended Allstate in a trial brought by plaintiffs who claimed that Allstate had unfairly denied their claim for earth movement damage. Result: Defense verdict with published decision at 68 F.3d 1160 (9th Cir. 1995).
Diamond v. Allstate - Defended Allstate in a jury trial. Plaintiff sued for fraud
bad faith, claiming that Allstate misrepresented the policy's coverage
wrongfully denied his claim. Result: Defense verdict.
Weiner v. Allstate - Defended Allstate in a 5-week jury trial. Plaintiff alleged that Allstate wrongfully denied his claim for earthquake damage. Result: Defense verdict.
Carniglia v. Merrill Lynch Realty - Defended Merrill Lynch in a jury trial. Plaintiff claimed that real estate broker Merrill Lynch knowingly failed to disclose serious construction defects that existed in a residential property purchased by plaintiff. Result: Defense verdict.
Lan v. Allstate - Defended Allstate in a jury trial. Plaintiff claimed that Allstate mish
led
underpaid his property damage claim. Result: Defense verdict.
Rhodes v. Allstate - Defended Allstate in a trial brought by an insured who claimed that Allstate had improperly denied her claim
made misrepresentations. Result: Defense verdict.
Morton v. Allstate - Defended Allstate in a jury trial. Plaintiffs alleged that Allstate had mish
led its defense of a lawsuit brought against them. Result: Defense verdict.
State
Federal Published Decisions: 21st Century Insurance Co. v. Superior Court (Quintana), 47 Cal.4th 411 (2009)
Infinity Select Ins. Co. v. Superior Court (LeDuc), 94 Cal.App.5th 190 (2023)
Jozefowicz v. Allstate Ins. Co., 35 Cal.App.5th 829 (2019)
Maystruk v. Infinity Insurance Co., 175 Cal.App.4th 881 (2009)
Allstate Ins. Co. v. Superior Court (Delanzo), 151 Cal.App.4th 1512 (2007)
Interinsurance Exchange of the Automobile Club v. Superior Court (Williams), 148 Cal.App.4th 1218 (2007)
Palacin v. Allstate Ins. Co., 119 Cal.App.4th 855 (2004)
Basich v. Allstate Ins. Co., 87 Cal.App.4th 1112 (2001)
Turner v. State Farm Fire & Cas. Co., 92 Cal.App.4th 681 (2001)
Fraley v. Allstate Ins. Co., 81 Cal.App.4th 1282 (2000)
Nager v. Allstate Ins. Co., 83 Cal.App.4th 284 (2000)
Singh v. Allstate Ins. Co., 73 Cal.App.4th 135 (1998)
Pinto v. Farmers Ins. Exch., 61 Cal.App.5th 676, 681 (2021) (provided amicus support)
Graciano v. Mercury Gen. Corp., 231 Cal.App.4th 414 (2014) (provided amicus support)
Brown v. Mid-Century Ins. Co., 215 Cal.App.4th 841 (2013) (provided amicus support)
Allstate Ins. Co. v. Kenick, 435 P.3d 938 (Alaska Sup. Ct. 2019)
Purscell v. Tico Ins. Co., 790 F.3d 842 (8th Cir. 2015)
Du v. Allstate Ins. Co., 697 F.3d 753 (9th Cir. 2012)
Guebara v. Allstate Ins. Co., 237 F.3d 987 (9th Cir. 2001)
Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778 (9th Cir. 2001)
Aceves v. Allstate Ins. Co., 68 F.3d 1160 (9th Cir. 1995)
Shamiryan v. Allstate Northbrook, 550 F.Supp3d 838 (C.D. Cal. 2021)
Kerrigan v. Allstate Ins. Co., 543 F. Supp.3d 843(C.D. Cal. 2021)
Ives v. Allstate Indem. Co., 520 F.Supp.3d 1248 (C.D. Cal. 2021)
Dorroh v. Deerbrook Ins. Co., 223 F.Supp.3d 1081 (E.D. Cal. 2016)
Premier Pools Management Corp. v. Colony Ins. Co., 328 F.Supp.3d 1075 (E.D. Cal. 2018)
Cohan v. Provident Life
Acc. Ins. Co., 140 F.Supp.3d 1063 (D. Nev. 2015)
Myers v. Allstate Indem. Co., 109 F.Supp.3d 1331 (C.D. Cal. 2015)
Morris v. Allstate Ins. Co., 16 F.Supp.3d 1095 (C.D. Cal. 2014)
Purscell v. TICO Ins. Co., 959 F.Supp.2d 1195 (W.D. Mo. 2013)
Keshish v. Allstate Ins. Co., 959 F.Supp.2d 1226 (C.D. Cal. 2013)
O'Keefe v. Allstate Indem. Co., 953 F.Supp.2d 1111 (S.D. Cal. 2013)
Maynard v. State Farm Mut. Auto. Ins. Co., 499 F.Supp.2d 1154 (C.D. Cal. 2007)
Cook v. Allstate Ins. Co., 337 F.Supp.2d 1206 (C.D. Cal. 2004)
Farmer v. Allstate Ins. Co., 311 F.Supp.2d 884 (C.D. Cal. 2004)
Adams v. Allstate Ins. Co., 187 F.Supp.2d 1207 (C.D. Cal 2002)
Adams v. Allstate Ins. Co., 187 F.Supp.2d 1219 (C.D. Cal. 2002)
Ricotta v. Allstate Ins. Co., 211 F.R.D. 622 (S.D. Cal. 2002)
Scheffler v. Allstate Ins. Co., 196 F.Supp.2d 1003 (C.D. Cal. 2002)
Smith v. Allstate Ins. Co., 160 F.Supp.2d 1150 (S.D. Cal. 2001)
Campanelli (House) v. Allstate Ins. Co., 85 F.Supp.2d 980 (C.D. Cal. 2000)
Campanelli (Giakoumakis) v. Allstate Ins. Co., 97 F.Supp.2d 1211 (C.D. Cal. 2000)
Campanelli (Noah) v. Allstate Ins. Co., 119 F.Supp.2d 1073 (C.D. Cal. 2000)
Charlin v. Allstate Ins. Co., 19 F.Supp.2d 1137 (C.D. Cal. 1998)
Charlin v. Allstate Ins. Co., 33 F.Supp.2d 858 (C.D. Cal. 1998)
Brown v. Allstate Ins. Co., 17 F.Supp.2d 1134 (S.D. Cal. 1998)
Hill v. Allstate Ins. Co., 962 F.Supp. 1244 (C.D. Cal. 1997)
Vashistha v. Allstate Ins. Co., 989 F.Supp. 1029 (C.D. Cal. 1997)
Griffin v. Allstate Ins. Co., 920 F.Supp. 127 (C.D. Cal. 1996)
Freudenberger v. Allstate Ins. Co., 941 F.Supp. 940 (S.D. Cal. 1996)
Allstate Ins. Co. v. Madan, 889 F.Supp. 374 (C.D. Cal. 1995)
Richmond v. Allstate Ins. Co., 897 F.Supp. 447 (S.D. Cal. 1995)
Castro v. Allstate Ins. Co., 855 F.Supp. 1152 (S.D. Cal. 1994)
Cuevas v. Allstate Ins. Co., 872 F.Supp. 737 (S.D. Cal. 1994)
Aceves v. Allstate Ins. Co., 827 F.Supp. 1473 (S.D. Cal. 1993)
Lally v. Allstate Ins. Co., 724 F.Supp. 760 (S.D. Cal. 1989)
Representative Clients: Allstate Insurance Company
Fireman's Fund Insurance Company
Infinity Insurance Company
Mercury Insurance Company
QBE Insurance Company
Unum/Provident Group of Insurance Companies
