Alec Boyd

Full Profile

Alec Boyd is a litigator with extensive experience representing domestic and foreign insurers in coverage disputes and bad faith claims. He also acts as coverage and monitoring counsel in connection with claims made under D&O, financial institutions, errors and omissions, professional liability and employment liability insurance policies. Alec has represented insurers in connection with securities fraud, shareholder derivative, consumer class action and employment claims asserted against investment banks, mutual fund companies, technology companies, diversified conglomerates and their management. These matters included the IPO allocation, Enron, WorldCom, options backdating and subprime mortgage claims.

Beyond his insurance experience, Alec has also defended attorneys, insurance brokers and other professionals in malpractice actions, as well as represented businesses in general litigation, class actions and employment disputes. His experience includes all aspects of civil litigation from preliminary evaluation through appeal. While Alec is an active member of the California and Oregon State Bars, his litigation experience includes court actions venued in Arizona, Delaware, Florida, Hawaii, Louisiana, Minnesota, New Mexico, New York, Oregon, Rhode Island, Texas, and Washington.  Alec also litigates domestic and international arbitrations.  Alec holds an AV® certified peer and judicial review rating from Martindale-Hubbell, the highest ranking for legal ability and general ethical standards.

Admissions

• California
• Oregon
• US Court of Appeals for the Third and Ninth Circuits
• US District Courts for the Northern, Southern, Central and Eastern Districts of California and the District of Oregon

Education

• J.D., Hastings College of the Law, University of California, 1992. Executive Editor of the Hastings Constitutional Law Quarterly and recipient of the Hon. Matthew O. Tobriner Award.
• B.S., Rhetoric and Political Science, University of Oregon, 1989. Second Place, Individual Speaker, at the 1988 Cross-Examination Debate Association National Championship.  Outstanding Senior, Northwest Cross-Examination Debate Association.

Memberships

• California Bar Association
• Oregon Bar Association
• Professional Liability Underwriting Society

Experience

• Represented domestic Side A only insurers in a high exposure coverage action brought in federal court by the FDIC as receiver of a bankrupt financial institution. Successfully moved to dismiss case based on lack of standing defense.
• Represented Certain Underwriters at Lloyd’s in breach of a D&O insurance contract and bad faith action filed in California state court by a computer company and its CEO. Obtained summary judgment based on the notice provision. Successfully briefed and argued the appeal to the Sixth District Court of Appeal for California, which upheld the trial court.
• Represented a financial advisor in a malpractice action filed in California state court by individuals who utilized the Internal Revenue Code Section 412(i) plans funded solely with life insurance. Successfully obtained dismissal of case via demurrer to complaint.
• Represented Certain Underwriters at Lloyd’s in a breach of a D&O insurance contract and bad faith action filed in California state court by a construction company and its directors and officers. Obtained judgment against the corporation by means of a pre-trial motion for summary judgment based on exclusionary language. Obtained judgment against the individuals by means of a motion for judgment on the pleadings based on a loss defense. Briefed and argued before the First District Court of Appeal for California. Plaintiffs ultimately abandoned the lawsuit while it was on appeal.
• Represented domestic D&O insurer in a reimbursement action against a bankrupt telecommunications company to a successful negotiated recovery in favor of the insurer.
• Represented a domestic insurer in an action for recovery on a fiduciary bond filed in federal court. Successfully prevailed by means of motion to dismiss.
• Represented a domestic D&O insurer in a breach of contract and bad faith action brought in federal court by a creditor who obtained a multi-million dollar judgment against the insured after the insurer declined coverage. Successfully moved to dismiss the action on the grounds that a judgment creditor lacks standing to enforce a judgment against a D&O insurer because California Insurance Code Section 11580 does not apply to D&O policies.
• Represented a domestic D&O insurer in an Institution for Conflict Prevention & Resolution arbitration brought by a Fortune 500 energy company to a successful negotiated resolution.

Presentations

• Lectures on insurance coverage, professional liability, complex class actions and legal ethics at the invitation of clients, professional organizations, and legal publishers.

Publications

• Published articles in a variety of law journals and legal publications.
• Monthly columnist on professional liability case developments for the San Francisco Daily Journal and Los Angeles Daily Journal legal newspapers.
• Served on the Advisory Board for the practice guide, California Causes of Action.