Obtained defense verdict after trial for liability insurer against insured’s claim under advertising injury coverage grant for trademark infringement in which insured claimed damages based on an underlying judgment in excess of $20 million. Read More
Obtained summary judgment for a national servicer client in a 3 year old wrongful foreclosure matter. The borrowers had not made a payment in over 7 years and refused to apply for a modification. The summary judgment motion was successful based on estoppel theories that applied to the borrowers’ previous Chapter 7 bankruptcy filing. The Court ruled that because they… Read More
Obtained summary judgment for national banking client on a breach of contract claim wherein the borrowers asserted that payments all the way back to origination had been improperly applied to the loan and resulted in the wrongful foreclosure of the property. The issues required significant investigation in the loan’s account and on summary judgment we were able to carefully walk… Read More
Obtained summary judgment for national servicer client in Washington State Court regarding claims that their lien of $1,300,000 was not recoverable because the statute of limitations had run on their ability to foreclose on the lien. The borrowers had not made a payment in over seven years, and Plaintiffs refused to settle for any amount prior to the motion for… Read More
Obtained 100% recovery of client’s senior lien amount in a highly contested Receivership case against the City of San Buenaventura. We successfully defeated multiple motions by the Receiver to obtain a super priority lien, as well as defeated the City’s claims for priority in their claims for priority for in excess of $200,000 in fines, fees, and other charges that… Read More
Obtained Summary Judgment for a National Loan Servicer on allegations related to breach of a Trial Payment Plan and failure to offer a permanent modification. Plaintiffs’ last formal demand prior to the motion for summary judgment was $170,000. Read More
Authored successful motion to dismiss, making new case authority in California on diversity as applied to the London Marine Insurance Market – Majestic Ins. Co. v. Allianz Intern. Ins. Co. (N.D.Cal. 2001) 133 F.Supp.2d 1218. Read More
Negotiated favorable settlement terms for carrier client with $200 million exposure as part of $400 million tower in context of fire damage claims presenting exposure in excess of $1 billion. Read More
Used trigger arguments to negotiate $0 settlement for carrier client against underlying class action allegations that insured’s product leached toxic materials into patients’ tissue and bloodstreams during medical treatments. Read More
Authored successful MSJ addressing exhaustion of underlying coverage and SIR amounts which the 9th Circuit ultimately upheld on appeal – Pacific Coast Building Products, Inc. v. AIU Ins. Co. (9th Cir. 2008) 2008 WL 4927351. Read More
Defended and prosecuted multi-district litigation to determine coverage for underlying “right of publicity” claims as a “right of privacy” personal and advertising injury offense and involving a forum battle between California and Georgia resulting in a published 11th Circuit decision – Collegiate Licensing Co. v. American Cas. Co. of Reading, Pa. (11th Cir. 2013) 713 F.3d 71. Read More
Authored and filed Amicus Curiae brief in appeal addressing scope of coverage for “implied disparagement” in the context of “own product” advertising leading to published decision – Hartford Cas. Ins. Co. v. Swift, 59 Cal.4th 277 (2014) (California Supreme Court). Read More
Litigated lost policy issues in bench trial in the context of long-tail Portland Harbor pollution claims (Oregon Superior Court, Multnomah County). Read More
Used coverage litigation, initiated to determine no “occurrence” / no “property damage” issue, to obtain most favorable per unit settlement of class action pipe claim on behalf of carrier client (U.S. District Court, District of Nevada). Read More
Using course and scope of employment argument in MSJ filed in coverage action as leverage, obtained resolution of the underlying wrongful death action with $0 contribution from excess carrier client’s policy (Superior Court of Colorado, Boulder County). Read More
Successfully defended client named as defendant in California-based recovery action using policy’s unique “insured versus insured” language in successful motion for summary judgment (Superior Court of California, Los Angeles County). Read More
Initiated litigation and obtained cost effective and favorable resolution recovering 75% of non-contributing carrier’s policy limits in case involving priority and allocation considerations arising with respect to auto versus general and excess liability policies (U.S. District Court, Central District of California). Read More
Authored and argued successful motion for summary judgment on duty to defend to secure full $1M policy limit contribution toward global resolution of gas pipeline explosion claims (U.S. District Court, Northern District of California). Read More
Negotiated favorable settlement at mediation on behalf of selling shareholders in action against acquiring life sciences corporation for its failure to make deferred payments. Read More
Second-chaired AAA arbitration, obtaining complete defense award on behalf of major commercial bank, in action arising under the UCC alleging failure of bank technology to prevent wire fraud. Read More
