Representative Experience

Environmental

  • Represent Northrop Grumman in several insurance coverage matters seeking coverage for costs incurred in responding to various enforcement actions pending around the country involving sites formerly operated by entities acquired by Northrop.
  • Represented San Diego Gas & Electric in insurance coverage litigation against its insurers arising out of petroleum and PCB contamination of various sites.
  • In a highly publicized environmental insurance coverage action, represented Paco Terminals against 30 primary and excess insurers during the late 1980s that at the time was the largest insurance coverage case filed in California. Case arose from underlying environmental actions against client arising from copper contamination of San Diego Bay. Obtained $8.3 in settlements from insurers.
  • Represented Lincoln Properties, a shopping center owner, in the prosecution of insurance coverage litigation against 16 primary and excess insurance carriers in dispute arising out of property contamination caused by the operations of dry cleaner tenants at the shopping center.
  • Represented a public utility company in two coverage lawsuits seeking coverage for underlying environmental cleanup actions involving petroleum and PCB contamination.
  • Represented a public entity in a dispute with a pollution liability insurer over the costs of remediating extensive soil contamination in a major public works project. The dispute involved a number of novel issues relating to the interpretation of key provisions of the policy. The matter was successfully resolved following mediation.
  • Represented a NYSE REIT in negotiating a manuscripted environmental liability policy covering over 2,500 properties nationwide.

Construction Defect

  • Represented one of the nation’s largest real estate developers in multiple coverage lawsuits arising out of underlying 15 coordinated construction defect lawsuits in Imperial Valley, California, involving 13 different subdivisions, over 2,200 single family homes and in excess of $100 million in alleged property damage; negotiated settlements with insurers to fund settlements of underlying litigation.
  • Represented a developer in defense cost contribution action against five insurers arising out of insurers’ failure to contribute to the cost of defending 15 underlying construction defect lawsuits; obtained summary judgment that insurers obligated to contribute to the cost of defending underlying litigation and negotiated $750,000 settlement of action.
  • Represented a developer in coverage action regarding excess insurer’s obligation to drop down in place of insolvent primary insurers-to settle underlying construction defect litigation; obtained $650,000 settlement of action before court was to have heard client’s motion for summary judgment regarding “drop down” issue.

Other

  • Represented a developer in insurance coverage and bad faith action against commercial property insurer arising out of insurer’s refusal to pay insured’s claim for a fire loss destroying 1,800 olive trees in residential subdivision valued at in excess of $1 million.
  • Represented a policyholder against an insurer who had denied coverage of a class action lawsuit; obtained a settlement from the other insurer for several million dollars within 60 days of filing suit.
  • Litigated multiple insurance coverage disputes arising out of complex financial, securities and mortgage frauds.
  • Litigated insurance coverage dispute arising out of qui tam litigation brought against Southern California municipal entity.