Insurance

Insurance is, and always has been, a core practice area of Chapman, Popik & White. We provide a broad range of services to insurers, policyholders, agents, brokers, wholesalers and self-insured entities and groups. Clients turn to us for advice and solutions, including, when necessary, aggressive advocacy on their behalf.

Clients engage us to represent their interests in some of their most legally and factually complex problems and also to assist them in handling sensitive and novel issues they may confront. We have tried many insurance cases to jury verdict, and we have frequently appeared before the appellate courts, including the California Supreme Court. We have assisted clients in formulating claim-handling and litigation strategy and in preparing major motions and briefs in litigation arising out of a variety of natural disasters, including the Loma Prieta and Northridge earthquakes, the Oakland fire, and Hurricanes Rita and Katrina. CPW attorneys frequently work with counsel in other states in high-stakes and complex insurance matters at both the trial and appellate levels.

We are sensitive to both the business and litigation needs of our clients. Our experience enables us to anticipate problems and to provide insights to help clients navigate difficult issues, avoid litigation and preserve relationships. We have represented clients in cases involving a wide range of insurance coverages, including general liability, property, business interruption, professional liability, directors and officers liability, media liability, and employment practices liability. We also have substantial experience in London Market matters.

Insurers regularly call upon us for coverage opinions and to assist them in drafting new insurance products and endorsements. Policyholders ask us to help advise them concerning their rights under insurance policies and to analyze their insurance needs, identifying gaps in coverage and enhancing their insurance protection. We also represent insurers, agents, brokers and others in other insurance-related business disputes, including errors and omissions claims and disputes involving agency agreements, fiduciary duties, customer lists and proprietary information.

CPW attorneys are well-recognized in the insurance community, both locally and nationally. Our attorneys have served on the Board of the Federation of Defense and Corporate Counsel and the Federation Foundation, have held leadership positions in the Insurance Coverage Litigation Committees of the American Bar Association’s Litigation and Tort Trial and Insurance Practice Sections, and are active in the Bar Association of San Francisco's Insurance Practice Section.

Our attorneys frequently speak on insurance topics for a variety of audiences. We also regularly author and co-author articles, annotations, and insurance treatises.

Representative Cases

  • Assisted a financial services company's captive insurer in obtaining an arbitration award against its reinsurer in a Bermuda arbitration. The underlying class action claims were brought by investors who had been defrauded in an investment manager's Ponzi scheme.
  • Represented an owner of a large industrial facility in an arbitration with its tenant concerning responsibility for rising earthquake insurance costs. The arbitrator ruled that that the client was entitled to reimbursement for the full amount claimed, plus interest and late charges. The arbitrator also ruled that the tenant was obligated to pay the costs for every remaining year of the lease.
  • Represented a commercial policyholder in a dispute with its insurance company concerning the settlement of a large punitive damage claim. The arbitrator ruled in the client's favor on all issues.
  • Represented insurers in an "other insurance" dispute relating to coverage for securities law claims under accountants' professional liability policies. The litigation was settled without payment by the clients.
  • Represented an energy-industry mutual insurance company sued by other insurers for contribution to settlements of class action and other environmental claims. The dispute was settled without contribution by the client.
  • Represented a major property and casualty insurer in litigation and appeals arising out of Hurricanes Rita and Katrina.
  • Worked with policyholder counsel to achieve resolution of underlying employment and construction defect claims involving disputed coverage issues.
  • Represented captive and independent agents in litigation alleging misrepresentation following the Oakland fire.
  • Represented insurers in disputes involving independent “Cumis” counsel issues, such as entitlement to independent counsel, legal fee rates, and the scope of the insurers' responsibility to provide independent counsel.
  • Represented insurers in hundreds of “bad faith” lawsuits arising out of alleged misconduct in the handling of claims under a variety of property and casualty insurance policies.


ATTORNEYS
Renée C. Callantine
William F. Campbell
John G. Heller
Andrea M. Kendrick
Raquel A. Lacayo-Valle
Duncan MacDonald
Susan M. Popik
Carol D. Quackenbos
Mark A. White

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