Clark Law Firm

A Professional Corporation

Attorney

David Clark. University of California, Berkeley, BA 1966, JD (Boalt Hall) 1969.

Admissions:

California State Bar, January 1970
United States District Courts, Central, Southern, Northern and Eastern Districts of California
United States Court of Appeals, Ninth Circuit
Pro hac vice, Nevada, Virginia, District of Columbia
 

These attorneys have arranged with our firm to be available on an “of counsel” basis as necessary:

Ladell H. Muhlstein. Brigham Young University School of Law, JD 1980. Also a former partner with Mr. Clark’s former firm, Ms. Muhlstein specializes in complex litigation law and motion, appeals and writs, insurance coverage, construction defect claims and related work. After reducing her hours to raise a family, Ms. Muhlstein prepared a major appeal for Mr. Clark that was successfully concluded with an appellate victory in 1994.

G. Peter Norregard. Brigham Young University School of Law, JD 1990. Experienced in complex litigation law and motion, insurance coverage, agents and brokers errors and omissions defense, and media defense involving First Amendment defense, anti-SLAPP motions.

C. Timothy Genovese. Western State University School of Law, JD 1988. Involved with complex litigation law and motion, including professional negligence claims, construction defect matters, real estate, and landlord tenant claims.

Illustrative Cases

• Represented major regional insurance broker in dispute with umbrella insurer and developer-client over multiple “gaps” between primary and umbrella insurance; obtained voluntary correction by insurer of one-year’s $2.0 million gap, and successfully tried case to judgment reforming second year’s policy and correcting another $2.0 million gap. Judgment exonerated broker.
• Represented major regional insurance broker sued over “minimum earned premium” dispute, and obtained court order that interpleader payment exonerated broker for total amount deposited in court. Took position that “minimum earned premium” in mid-six figure range was an illegal penalty under California statute, and court preliminary opinion agreed.
• Represented regional insurance broker in dispute over payment by insurer of replacement value of house severely damaged in Northridge Earthquake; Insurer paid over $1.3 million on claim before and after arbitration, then additional $1.9 million to settle bad faith claim. Summary judgment in favor of broker on statute of limitations granted, case settled while appeal pending for defense costs and less than three percent of total claim.
• Defended retail insurance broker in jury trial involving additional insured certificate issued to major Orange County developer. Insurer found liable to developer for all defense fees from underlying construction defect case on basis that our client had full authority to issue certificate.
• Represented retail insurance broker sued by developer who claimed failure to obtain additional insured endorsement. Court of Appeal exonerated broker upon finding that insurance policies did not apply to events in question.
• Represented retail insurance broker sued by contractor over return of premium allegedly wrongfully held by two surplus lines brokers. Arbitrator's Decision exonerated client.
• Obtained free dismissal of claim against retail broker who allegedly failed to obtain product recall coverage. Proved that product and sales activity was illegal and uninsurable, plaintiff discontinued lawsuit on eve of trial.
• Successfully obtained recovery involving errant retail broker who misrepresented nature of risk in application and failed to obtain all of coverage requested.
• Obtained dismissal of retail broker, and paid nothing in $2.1 settlement, involving insurer of commercial building destroyed by fire. Insurer claimed broker’s client had no interest in policy because broker failed to add name of client as mortgagee on policy.
• Obtained federal court trial judgment in favor of retail broker wrongly accused of failure to obtain additional insured endorsement.
• Obtained defense award in arbitration of claim against major national broker that alleged failure to obtain property coverage on vintage military warplane used in filming television commercial.
• Represented major company against its two lead insurers alleging that carriers unfairly sought to settle large no liability claim against wishes of client, forcing client to pay seven-figure deductible. Complaint filed in San Francisco Superior Court.
• Litigated to trial claim by major insurer against retail broker alleging failure to disclose "non owned auto exposure."  Asserted defense that information was not material and insurer would have
  written the policy anyway.  Case settled at Mediator's number after three weeks of trial for less than 40 cents on the dollar. Trial Brief describing case.
• Represented major company in cross-complaint against umbrella carrier for failure to pay multiple liability claims. Case settled with substantial mutli-million dollar payment by insurance carrier.
• Represented local newspaper in Los Angeles County in three different State and Federal cases, obtaining anti-SLAPP judgments of dismissal in each case including award of attorneys fees.
• Represented newspapers in San Bernardino and San Diego Counties in State court cases, obtained anti-SLAPP judgments dismissing claims and award of attorney fees; one case now on appeal.
• Represented local radio station in Los Angeles County in State court case brought by Superior Court Judge running for election and obtained anti-SLAPP judgment of dismissal. Case reversed by Appeals Court, and settled for small amount paid to plaintiff.
• Obtained free settlement of indemnity claim by network against small Alaska radio station arising out of defamation and invasion of privacy suit and arbitration.
• Successfully represented other professionals, attorneys, insurers, third-party administrators, in various claims and liability claims cases, including ERISA claims; business and commercial disputes, including shareholders suits in the Delaware Court of Chancery.
  
  Firm References available on request.

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