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Dave handles civil litigation matters in a variety of areas including insurance, employment, and real estate. He has represented insurers in coverage/bad faith litigation involving many types of coverages, and has represented employers in harassment/discrimination cases.
Before he joined the firm as a partner in 1998, Dave practiced law with Gibson, Dunn & Crutcher, where he handled a broad range of civil litigation matters. He also taught a class in sports law at the University of California-Davis law school. Prior to attending law school, Dave was a reporter and editor for the Berkeley Gazette and Richmond Independent.
Representative Matters - Defended Travelers Casualty & Surety Company in multi-party commercial insurance bad faith jury trial. Plaintiffs alleged that Travelers failed to pay benefits under a builder's risk policy; Travelers cross-complained for fraud relating to monthly payments advanced for alleged economic losses. Defense verdict on plaintiff's complaint and $1 million verdict for Travelers on cross-complaint, plus $550,000 in pre-judgment interest.
- Defended Zurich Insurance Company in subrogation/indemnity claim brought by Home Insurance Company. Home alleged that it had paid an underinsured motorist claim due to a misrepresentation of policy limits by the attorney for Zurich's insured. Judgment of dismissal was affirmed by the Court of Appeal in Home Insurance Co. v. Zurich Insurance Co., 96 Cal. App. 4th 17 (2002).
- Defended the California Department of Education in whistleblower/retaliation action brought by current and former employees. Case was settled during trial on terms that the plaintiffs had rejected prior to trial.
- Defended Home Savings (now Washington Mutual Bank) in five related actions stemming from nonjudicial foreclosure of Auburn Boulevard motel property. One action concluded by voluntary dismissal, two by involuntary dismissals, and two by summary judgment.
Education Boalt Hall School of Law, U.C. Berkeley, J.D., 1985.
University of California, Berkeley, B.A., 1974.
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