Representative Cases

[ Liability ]


Jardine v. Employers Fire Insurance Company.
Drafted prevailing summary judgment motions in favor of insurer client against two breach of contract/bad faith complaints. Briefed successful opposition to policyholder’s appeal to the Ninth Circuit. Upon remand to the Northern District, obtained award of attorney fees and costs in excess of $100,000 for insurance carrier client. The trial court action involved two consolidated actions by the policyholder unsuccessfully alleging bad faith in the handling of his tender of claims for damage to his commercial rental property.

Toll Brothers Inc. v. OneBeacon Insurance Company.
Drafted prevailing brief opposing policyholder appeal of a trial court ruling in favor of insurance carrier client. In the underlying action, the trial court ruled on cross-motions for summary judgment that the “performing operations” and “your work” exclusions precluded coverage for three underlying construction defect actions. In the court trial following summary judgment, prepared briefing and evidence upon which the trial court further ruled that the carrier client was entitled to reimbursement of all defense fees and costs incurred post-reservation of rights and to prejudgment interest.

Pennsylvania General Insurance Company v. American Safety Indemnity Company (2010) 185 Cal.App.4th 1515.
Briefed prevailing appeal from an adverse summary judgment ruling against insurance carrier in an underlying contribution action. On appeal, the Fourth Appellate District reversed the trial court ruling, finding that the “Montrose” endorsement relied upon by the non-defending carrier did not preclude coverage under the policy. The use of the term “occurrence” in the endorsement of the non-defending carrier did not clearly indicate intent to exclude coverage for work completed prior to the policy period where there was uncertainty as to whether the damages arising out of that work first commenced during the policy period.

Harrison Development, LLC, et al. v. Landmark Insurance Co., et al.
Represented policyholder developer/general contractor in bad faith breach of contract action against insurance carrier denying coverage under a residential work exclusion. Successfully negotiated contribution from insurance carrier which, together with an assignment of rights against the subcontractor defendants, resulted in dismissal of the developer/general contractor from the underlying construction defect action. In addition, successfully negotiated a policy limit payment from the developer/general contractor’s prior insurance carrier, resolving two additional construction defect actions arising out of companion projects.