Alameda Corridor Transportation Authority ("ACTA") v. Stewart Title Guaranty Co.
Represented ACTA, the City of L.A. and the City of Long Beach in litigation at trial and on appeal to the Ninth Circuit seeking coverage under a title insurance policy involving what the trial court described as novel questions of California law.
Aetna v. L.A. Kings, Inc.
Defended owner of a hockey team in an insurance coverage action brought by an insurer seeking reimbursement of settlement and defense costs incurred in an underlying lawsuit involving a player's termination.
Casmalia Resources v. Industrial Indemnity et al.
Represented Casmalia Resources, the prior owner of California's second largest Class I toxic waste disposal site near Santa Maria, California, in an insurance coverage suit. Obtained summary adjudication establishing the insurance carriers' duty to defend despite pollution exclusions. The court's decision was one of only two decisions favorable to policyholders before the Supreme Court's decision in Montrose. (See 7 Mealey's Lit. Reports - Insurance at 3 (May 25, 1993) and at 9 (July 1, 1993))
Castaic Lake Water Agency et al. v. Whittaker Corp. et al. (United States District Court, Central District of California)
Assisted several water producer agencies in obtaining insurance coverage to defend counterclaims in environmental litigation resulting in the reimbursement of over $6 million in attorneys' fees.
Chemstar v. Liberty Mutual Ins., 797 F. Supp. 1541 (C.D. Cal. 1992), aff'd 41 F.3d 429 (9th Cir. 1994)
Represented an insured in a multi-party coverage action relating to construction defects that included issues under a retrospective premium plan. Obtained a favorable settlement recovering improperly charged premiums for the client.
Contemporary Services Corp. v. National Union Ins. Co., et al.
Represented the plaintiff policyholder, a security business specializing in crowd control at major sports events and entertainment venues, in obtaining a defense for unfair competition and defamation claims through a settlement and a fee arbitration.
Federal Deposit Insurance Corp. v. Van Dellen (United States District Court, Central District of California)
Lead counsel in the professional investigation of IndyMac Bank and in one of two resulting claims that progressed to suit, the first lawsuit filed by the FDIC in connection with the current round of bank failures. The 18 month investigation examined dozens of large tract land, development and construction loans. Helped to formulate a strategy to enhance the prospect of triggering two years of D&O coverage to respond to claims.
Jimenez v. Protective Life Ins. Co.
Represented a life insurance carrier in defeating a policyholder's claim. It was the first published appellate case in California to address the scope of a creditor's insurable interest in the life of a debtor.
Kroll v. Chicago Title
Nossaman represented the policyholder in an access claim under a title insurance policy and successfully negotiated a recovery.
Los Angeles City Employees' Retirement System ("LACERS") v. Connecticut General
Represented the Los Angeles City Employees' Retirement System in a dispute with its former health insurer regarding the proper treatment of reserves for incurred but not reported (IBNR) claims at policy termination and whether or not there was a reconciliation agreement for such reserves. Obtained settlement that recovered a significant portion of IBNR reserves withheld by the insurer.
Los Angeles County Metropolitan Transportation Authority v. Parsons-Dilligham et al. (Los Angeles County Superior Court)
Served as first chair in over 100 days of bench trial of phase I issues, in a complicated cost accounting case involving the construction management contract for the Metro Red Line project. Phase 1 resulted in a ruling dismissing the contractor's cross-complaint and a subsequent ruling in plaintiff's favor on liability under the complaint. An accounting is currently being performed to determine damages.
Massachusetts Casualty Ins. Co. v. Rossen 953 F.Supp. 311 (C.D. Cal. 1996)
Represented policyholder in dispute with insured over disability insurance policies. Negotiated a settlement obtaining a recovery for the policyholder.
Metropolitan Water District v. Hartford
Assisted the MWD by providing second opinions on insurance coverage matters relating to builders risk policies, commercial general liability policies and workers' compensation policies.
Montana Refining Company v. National Union Ins. Co.
Represented the policyholder in this action for declaratory relief seeking coverage for an environmental cleanup claim.
Protective National Insurance Co. v. Hunter Resources, et al.
Represented insureds in an environmental insurance coverage action commenced by insurer; obtained summary adjudication that insurer had waived all of its coverage defenses and was required to pay its policy limits.
San Gabriel Basin Watermaster v. AISLIC
Represented policyholder in obtaining defense cost reimbursements under an environmental liability.
SSR Marlowe LLC vs. Taisei et al. (Los Angeles Superior Court) Represented public agency plaintiff in construction defect litigation relating to a 121 unit luxury apartment building. Massive defects in the building required complete reconstruction of the building envelope. Negotiated a confidential settlement which recovered the vast majority of plaintiff's out of pocket repair costs.
State Farm v. Goldsmith
Obtained summary adjudication of an insurer's duty to defend a policyholder under a personal liability policy against a claim by an independent contractor.
Sonora HOA vs. Regency Skyport, et al., (Santa Clara County Superior Court) Defending developer and general contractor in construction defect matter with related insurance coverage litigation. Dispute involves HOA's claims of multiple defects in a 315 unit condominium building. The accompanying insurance coverage dispute involves potential coverage under a $25 million "wrap" policy issued for the project.