Full Profile
Andrew Wanger is a trial lawyer practicing in the area of civil litigation. His practice regularly includes the representation of various professionals in malpractice and negligence actions, the defense of insurers in complex insurance coverage disputes, and the representation of businesses in contract disputes. Andrew has extensive trial and arbitration experience, having tried numerous cases to verdict. His practice often involves disputes that are international in scope.
Andrew represents both domestic and international insurers, and their policyholders, in matters arising out of a variety of insurance policies – primarily professional liability, casualty, and product liability. His practice routinely involves advising insurers regarding the resolution of professional liability claims, litigating complex insurance coverage matters including bad faith and contribution actions, defending catastrophic tort and wrongful death claims, and handling breach of contract actions. Andrew frequently represents agri-businesses in California on a variety of contract matters. Andrew previously served as a Deputy District Attorney for Fresno County from 1995 to 1996. He is AV® certified by the Martindale-Hubbell peer review rating system.
Andrew serves as Clyde & Co US LLP's general counsel and oversees professional responsibility and risk management for the US offices of the firm.
Admissions
Education
- J.D., Santa Clara University School of Law, 1993
- B.S., Political Science, Santa Clara University, 1990
Memberships
- Bar Association of San Francisco
- Editorial Board Member for Strafford Publications, Inc. - Insurance Coverage, 2007-present
Experience
- Obtained dismissal of a UK company sued in California state court for catastrophic tort claim after filing motion to quash service of the complaint for lack of jurisdiction.
- Obtained dismissal of bad faith cross-complaint filed by policyholder against insurer through anti-SLAPP motion where insurer filed suit for declaratory relief to determine coverage.
- Successfully challenged the National Football League's effort to litigate insurance coverage claims in California arising out of nationwide litigation involving head injury claims. The California Court of Appeal affirmed the trial court's decision to defer to an earlier filed coverage action in New York.
- Defended multiple wine retailers in counterfeit wine claims filed by purchasers of fine wine.
- Represent numerous agri-businesses in breach of contract claims arising out of buyer defaults.
- Obtained dismissal of legal malpractice and breach of fiduciary duty claims against a large Northern California law firm wherein the plaintiff sought more than $7 million in damages from law firm and individual partners.
- Represented a medical provider in a California worker's compensation system to recover unpaid amounts from a 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 the director of an 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 a 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 jury verdict for the defense 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 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 successful12(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.
- Defended a US company against claims that it caused a customer to be wrongfully imprisoned in foreign country as a result of alleged negligent shipping practices.
Presentations
- Panelist, "Defaulters and Membership Integrity," International Nut and Dried Fruit Council Congress, June 2016
- Guest lecturer, "Authenticity Issues Involving Rare and Fine Wines: A Case Study," UC Berkeley Boalt Hall School of Law, 2008-2015
- Speaker, "Counterfeit Wines," Wine Law in America Conference, July 2009
- Speaker, "Discovery in Bad Faith Insurance Claims, State of the Law and Successful Strategies," Strafford Publications National Teleconference
Publications
- Co-author of chapter, "Litigating a Case of Counterfeit Wine," Wine in America: Law and Policy, Wolters Kluwer, 2011
