Donald W. McCormick
Telephone: (213) 236-1634
Don’s practice focuses on coverage and bad faith litigation, and coverage analysis of claims arising out of all types of liability and property policies. He has worked in-house at two major insurance companies and has tried bad faith cases to verdict. He counsels claims professionals at all levels regarding complex claims, large exposures, claims-handling practices and procedures, and litigation management practices. He also provides advice to underwriters drafting manuscript policies and new forms. Don has been practicing for over 35 years, and analyzes claims and cases arising out of a wide variety of policies, including the following:
- Commercial general liability
- First party property (personal lines and commercial)
- Excess and umbrella
- Professional liability, including architects and engineers, realtors, insurance brokers, accountants, broadcasters, and publishers
- Workers compensation, coverages A and B
- Directors and officers
- Entertainment and media liability
- Owners, landlords and tenants
- Auto (both liability and property coverages)
Don has led and participated in a range of seminars and presentations, both for claims professionals and attorneys.
- Won summary judgment ruling that client had no duty to defend underlying wage and hour actions under an EPLI policy.
- Won summary judgment ruling that professional liability and CGL insurer had no duty to defend or settle underlying action alleging wrongful death of a foreign exchange student.
- Won dispositive trial motion that CGL insurer had no duty to defend underlying action alleging that the insured rock band used copyrighted drawings without paying for them, as “entertainment industry” exclusion barred coverage.
- Successfully defended insurer in three-week arbitration hearing alleging bad faith. Won counterclaim against insured, and recovered nearly $500,000 in unpaid premiums for retrospectively rated policies.
- Settled bad faith action in exchange for waiver of costs, after filing motion for
- Tulane University Law School—J.D., 1981
- Vanderbilt University—B.A., 1976
- Keating v. National Union Fire Insurance Co., 754 F.Supp. 431 (1990)
- Aetna Casualty & Surety Co. v. Dannenfeldt, 778 F.Supp. 484 (D. Ariz. 1991)
- City of Pomona v. Employers’ Surplus Lines, 4 Cal.App.4th 818 (1992) (depublished)
- Collin v. American Empire Insurance Co., 21 Cal.App.4th 785 (1994).
- Fireman’s Fund Insurance Co. v. Superior Court, 65 Cal.App.4th 1205 (1997)
- Standun, Inc. v. Fireman’s Fund Insurance Co., 62 Cal.App.4th 882 (1998)