Clyde & Co

Recent experience

• Represented medical provider in California worker's compensation system to recover unpaid amounts from major payor in system.  Successfully established liability against the defendant through a motion for summary adjudication.  Case settled on confidential basis shortly after ruling on motion for summary adjudication.
• Represented foreign D&O excess insurers in a breach of contract action filed in federal court by director of internet company.  Successfully moved to dismiss case after initial fact discovery was taken and recovered insurers' costs of suit from plaintiff.
• Represented domestic D&O excess insurer in breach of contract action filed in federal court by directors insured under policy seeking coverage for defense and indemnity.  Successfully moved for summary judgment based on the insured's failure to establish proper exhaustion of underlying policies.
• Represented foreign CGL insurers in a breach of contract action filed by construction company for defense and indemnity expenses.  Successfully moved to dismiss case via demurrer to complaint.  The Fifth District Court of Appeal for California affirmed the trial court's ruling.
• Represented law firm and partner of firm in legal malpractice action filed by former client of law firm.  Obtained unanimous defense verdict after a three week jury trial in Alameda County Superior Court
• Member of trial team that represented Certain Underwriters at Lloyd's in asbestos insurance coverage lawsuit wherein plaintiff claimed more than a billion dollars of damages for breach of its insurance contracts. Multi-phased trial consisting of various legal phases and bench trials, 524g bankruptcy of insured, and three month jury trial for case that spanned more than thirteen years. After Certain Underwriters successfully reversed jury verdict for the plaintiff through appeal to Second District Court of Appeal for California, case settled with Certain Underwriters paying a fraction of policy limits. Fuller Austin v. Fireman's Fund Insurance Co.
• Represented domestic insurer in asbestos insurance coverage lawsuit filed in Minnesota state court.  Insured filed a 524g bankrutpcy.  Obtained negotiated settlement for insurer prior to trial.
• Represented domestic insurer in asbestos insurance coverage lawsuit filed in San Francisco Superior Court and later transferred to Los Angeles Superior Court.  Obtained negotiated settlement for insurer prior to insurer filing for 524g bankruptcy.
• Represented Certain Underwriters at Lloyd's in a breach of contract and bad faith action wherein major defense contractor and airplane manufacturer sought nine figures in damages.  After the Federal Government's effort to file a related action was defeated through Certain Underwriters successful 12(b)(6) motion to dismiss the action, the insured's claims were settled on a confidential basis.
• Represented Certain Underwriters at Lloyd's in contribution action against co-insurers to recover defense expenses expended to defend major defense contractor against various claims arising out of its operations.  Successfully moved for summary adjudication against co-insurers to establish their duty to defend the insured.  Case settled confidentially thereafter.
• Represented foreign insurers in matter involving air crash of passenger airliner and resultant wrongful death claims.
• Represent residential care facilities for the elderly throughout California regarding claims of personal injury, wrongful death and elder abuse.
• Defended a wine retailer in counterfeit wine lawsuit filed by purchaser of wine.  Case settled on confidential basis after defendant's partial motion for summary adjudication granted by federal court.