Cases
Representative Matters: Insurance Litigation
Obtained decision from Ninth Circuit Court of Appeals enforcing New York choice of law clause as a limit on our client's policy obligations with respect to contribution
reimbursement claims by
against a co-insurer
enforcing excess other insurance clause as relieving our client's pollution liability policy from owing any amounts for defense or indemnity where CGL insurer had overlapping coverage.
Obtained order from the Second Circuit Court of Appeals (affirming summary judgment in insurer's favor) that New York's common law strict no-prejudice rule barring coverage for late notice applies to policies with New York choice of law clauses that are not subject to NY Ins. Law s. 3420(a)(5) (which creates a prejudice requirement for certain policies) because those policies were issued
delivered outside of New York
therefore, insurer with policy issued
delivered outside of New York had no duty to defend or indemnify insured as a matter of New York law with respect to $10 million coverage for $40+ million in claims that were tendered to the insurer months
years late,
the insurer did not need to demonstrate prejudice.
In California federal court, obtained summary judgment that the New York choice of law clause of an insurance policy applied
precluded coverage based on the insured's late notice of a pollution claim
failure to obtain the insurer's consent prior to incurring $2 million in remediation costs. Court also found that policy was not subject to NY Ins. Law s. 3420(a)(5) (which creates a notice-prejudice requirement for certain policies) because the policy was issued
delivered outside of New York.
Regularly advise clients on a variety of coverage issues, including environmental contamination, asbestos, pharmaceuticals, professional liability for architects, food contamination, copyright infringement, violations of housing code, product liability
construction defect.
Represented insurer in contribution action on summary judgment.
Successful negotiation of several contribution claims by insurers.
Regularly h
le settlement conferences
mediations in underlying litigation.
Assisted in negotiations of several favorable settlements on behalf of insurers.
Appellate Litigation
Ameron Corp. v. American Home Assur. Co., 625 F. App'x 803 (9th Cir. 2015) (product liability coverage) - Obtained reversal of summary judgment against client CGL insurer on its defense cost contribution claim against non-defending insurer,
entry of duty to defend determination against non-defending insurer, with respect to Canadian lawsuit alleging coatings failures
resulting corrosion to offshore
onshore energy production facilities.
Gemini Ins. Co. v. Indian Harbor Ins. Co., 608 Fed.Appx. 479 (9th Cir. 2015) (pollution coverage) - Obtained reversal of adverse summary judgment against client pollution liability insurer on both CGL insurer's defense cost contribution claim
client's settlement reimbursement claim, based on NY choice of law clause
excess other insurance provision.
Indian Harbor Ins. Co. v. City of San Diego, 586 Fed.Appx. 726 (2d Cir. 2014), affirming 972 F.Supp.2d 634 (SDNY 2013) (pollution coverage) - obtained affirmance of summary judgment that a New York choice of law clause was enforceable against a California policyholder
required application of the New York common law strict notice rule, such that the policyholder's late notice barred coverage for $40+ million in claims.
Bruns v. E-Commerce Exchange, Inc., 51 Cal. 4th 717 (Cal. 2011) (class action) - Obtained for a group of businesses the dismissal of a $96 million class action alleging that they violated the Telephone Consumer Protection Act by sending unsolicited advertisement via fax machine on the basis of plaintiffs' delays in prosecuting the case
bringing it to trial. Obtained a unanimous decision from the California Supreme Court that established the statutory five-year period for bringing a case to trial is stayed only when the stay encompasses all proceeding in the action,
that partial stays do not automatically toll the running of the limitations period. On rem
, the California Court of Appeal affirmed the dismissal of the class action.
Business
Other Litigation
Obtained lawful permanent residency status for two young immigrants, overcoming prior removal orders
establishing they were eligible for relief under the Nicaraguan Adjustment
Central American Relief Act (NACARA).
Represented an international energy company in a wrongful death product liability case.
Represented a company against allegations of violations of California's Proposition 65.
Represented a company with foreign affiliates in a contract dispute with a former officer
director.
Represented a company regarding alleged violations of the Clean Water Act.
Represented a city regarding property rights.
Represented company in compelling arbitration of an employee dispute regarding wrongful termination
discrimination.
Represented company in an appeal of a consumer class-action claim.
Represented developer in breach of contract dispute by general contractor.
Represented company in a personal injury lawsuit brought by parents of a child injured on company's public premises.
