Brad C. Westlye, Attorney At Law
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Representative Cases Blue Diamond Group Corp. v. Klin Construction Group, Inc., et al., Nassau Supreme Court. Prevailed on motions to dismiss the third-party complaints against an excess lines Commercial General Liability insurer for alleged breach of contract and unfair claims practices related to construction defect disputes.

Brown v. Farmers Ins. Group, Santa Clara Superior Court.Prevailed in judicial arbitration and obtained judgment in trial de novo to a 26 cause of action complaint alleging a Commercial General Liability insurer’s obligation to pay for the investment losses of limited partnerships operated as the side business of a captive insurance agent.  Procedures included a demurrer, motion for summary adjudication, motion for judgment on the pleadings and trial by general reference.

Argonaut Ins. Co. v. Grove Lumber & Building Supply, Inc
., New York Supreme Court. Obtained an order compelling arbitration to resolve the insured’s contentions in a tort action filed in the Central District of California of the overpayment of workers compensation claims in relation to an insurance program and collateral security agreement.

Visa USA, Inc. v. Firemans Fund Ins. Co., et al., San Francisco Superior Court. Obtained summary judgment against the insured who alleged advertising injury and personal injury coverage for a suit involving antitrust allegations between Visa and the Discover Card.

Northern Assurance Co. v. Dionofrio Construction, Eastern District of New York. Obtained declaratory judgment that incursion of seawater damages were not covered by a hull and machinery policy, as at the time of the loss, the vessel was outside the inland waterways area of navigation designated in the policy.

Sablad v. Montgomery Ward Life Ins. Co., San Francisco Superior Court. Obtained judgment on the pleadings in favor of a hospital indemnity insurer in a second suit from the same plaintiff alleging pattern and practice bad faith.

Pejcha v. Maryland Cas. Co., Northern District of California. Litigated to a favorable resolution the commercial general liability insurer’s obligations to purchasers of a real estate development as judgment creditors for construction defects.

Essex Ins. Co. v. Safeco Ins. Co., San Francisco Superior Court. Prosecuted this contribution action against a subsequent and mutually obligated liability insurer for defense costs incurred in an underlying federal trademark dispute.

Continental Casualty Co. v. Travelers Indemnity Co., Alameda County Superior Court. Obtained a favorable settlement in this contribution action from a Commercial General Liability insurer for construction claims involving the Life Science Building at the University of California, initially paid under the architect’s claims made errors and omissions policy.

Mutual Marine Office, Inc. v. Kemper Re, New York Supreme Court. Served as New York counsel opposing Mutual Marine Office’s demand for the appointment of one of three specific arbitrators to serve as umpire in a reinsurance arbitration dispute.

Church v. Consolidated Freightways Corporation, Northern District of California. Successfully represented an umbrella liability insurer in a mediation involving commercial general liability and directors & officers liability insurers concerning a class action for Title VII employment discrimination that followed the insured’s merger with Emery Air Freight.

Minnesota Mutual Life Ins. Co. v. A Certain Policyholder, Contra Costa Superior Court. Prosecuted a recoupment action against a wealthy business owner insured for several years of disability benefits paid for an illness when the insured actually continued working during the periods of alleged disability.

Hewlett-Packard v. Factory Mutual Ins. Co., Santa Clara Superior Court.Obtained summary judgment based on a limited warranty for a component manufacturer of industrial machinery in a subrogation action following a clean room fire in Singapore.

Ramirez v. Pacific A&M, et al., Ventura Superior Court. Represented a third party administrator in trial concerning a beneficiary’s alleged entitlement to life insurance proceeds for benefits not purchased.

Huff v. Zurich Ins. Co., San Francisco Superior Court. Obtained summary judgment in this bad faith action alleging the third-party insurer’s alleged wrongful refusal to make premises medical payments.

Prassad v. Cisco Systems, Inc., et al., San Mateo Superior Court. Represented absentee landlord sued for alleged liquor liabilities arising from auto accident following a holiday party at Bay Meadows Raceway.

Carpenter v. InnCal, Inc., Sacramento Superior Court. Obtained summary judgment in this action alleging a motel's liability for a guest's armed robbery in her room based on the motel's purported failure to safeguard the premises from the criminal conduct of third parties.

PPG Industries v. Libby-Owens Ford, Eastern District of California. Served as umbrella oversight counsel in this products liability action for defective glass allegedly stemming from contaminated dolomite minerals mined from the Natividad quarry.

Argonaut Ins. Co. v. County of Los Angeles, Los Angeles Superior Court. Participated in this casualty insurance rescission action based on the concealment of known losses involving a national broker’s role in the insurance application process and the potential imputation of the broker’s knowledge to the carrier. 

Reinsurance Arbitrations in New York, Philadelphia and Chicago. Litigated reinsurance arbitrations addressing the allocation to facultative and treaty reinsurance of millions of dollars of claims under excess liability, umbrella, directors & officers, architects & engineers, excess workers compensation, and entertainment liability policies. The arbitrations included issues of the appropriate triggers for aggregated claims, the application of the relation-back doctrine, the analysis of complicated commercial insurance portfolios to determine the actual obligations of cedents, and reinsurers’ potential liability for claims that were subject to cumulative-retrospective rating under the original policies.       

 

Prior results do not guarantee a similar outcome.