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Insurance Litigation

We have long been preeminent in the field of insurance appeals. We have represented insurers and leading insurance trade associations as parties and amici curiae in the appellate courts of California, in federal courts of appeals, and in many other jurisdictions. Our attorneys have handled literally hundreds of appeals involving cutting-edge issues of first-party and third-party coverage, excess and umbrella coverage, insurer defense obligations, bad faith, compensatory and punitive damages against insurers, and related issues.

Many of our appeals have resulted in groundbreaking and frequently-cited court opinions that have shaped the course of insurance law. In the California Supreme Court in particular, we have represented insurers as parties or amici curiae in the major insurance cases of the last two decades, including Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713; Jonathan Neil & Associates, Inc. v. Jones (2004) 33 Cal.4th 917; Hameid v. National Fire Ins. of Hartford (2003) 31 Cal.4th 16; Hamilton v. Maryland Cas. Co. (2002) 27 Cal.4th 718; Blue Ridge Ins. Co. v. Jacobsen (2001) 25 Cal.4th 489; Kazi v. State Farm Fire & Cas. Co. (2001) 24 Cal.4th 871; Kransco v. American Empire Surplus Lines, Ins. Co. (2000) 23 Cal.4th 390; Palmer v. Truck Ins. Exchange (1999) 21 Cal.4th 1109; Cates Construction, Inc. v. Talbot Partners (1999) 21 Cal.4th 28; Aerojet-General Corp. v. Transport. Indem. Co. (1997) 17 Cal.4th 38; Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1; Montrose Chemical Corp. v. Admiral Ins. Co. (1995) 10 Cal.4th 645; J.C. Penney Casualty Ins. Co. v. M. K. (1991) 52 Cal.3d 1009; Prudential-LMI Insurance v. Superior Court (1990) 51 Cal.3d 674; and Moradi-Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287.

Our partners have served on the Insurance Law Committee of the Business Law Section of the State Bar of California and, since 2006, we have provided that committee with regular summaries of California appellate decisions on insurance law.

Contact Peter Abrahams or Mitchell C. Tilner for more information about our Insurance Law practice.

Representative Wins

Representative Briefs

  • Madrigal v. Allstate Indemnity Company (2016)

    Amicus curiae brief on behalf of insurance trade associations addressing whether an insurer can be held liable for bad faith under a “duty to settle” theory when the insurer offers policy limits within a reasonable period of time, even if shortly after an artificial deadline imposed by a third-party claimant.

  • Farmers Insurance Co. of Washington v. Moratti (2012)

    United States Supreme Court amicus brief arguing that “covenant judgments” between insurance policyholders and third-party tort claimants are inherently collusive, and that Washington courts violate due process by conclusively presuming that the amounts of such judgments are the measure of damages in subsequent bad faith actions against insurers.

  • Ballester v. Superior Court (2011)

    Petition for review asking the California Supreme Court to overrule Colonial Life & Accident Ins. Co. v. Superior Court (1982) 31 Cal.3d 785 to the extent it permits discovery of private non-party information that is not directly relevant to pending litigation.

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