Attorneys

"50-State Survey: Right to Independent Counsel," Tressler 50-State Survey, June 2020

Linda’s track record reflects successful resolution of matters through negotiation, dispositive motion practice and trial. Linda is known for her common-sense, big picture view when working with her clients to define and achieve a successful result. Recent representative successes and engagements include:

• In a matter of first impression in California, prevailed on summary judgment on application of an Employers Liability Exclusion.  The U.S. District Court for the Central District concluded that a worker was a “leased worker" and thus an "employee" as defined in a policy jointly issued to the employer and the property owner.  It rejected arguments that the exclusion did not apply to the property owner which faced liability as a premises owner and not as an employer. This decision was affirmed by the U.S. Court of Appeals for the Ninth Circuit in 2020.
• U.S. Court of Appeals for the Tenth Circuit affirmed dismissal with prejudice by U.S. District Court of New Mexico of action by insured to recover more than $1 million for environmental property damage based on application of owned property exclusion.
• Prevailed on summary adjudication on behalf of an excess insurer in a subrogation action and was awarded more than $1 million by the U.S. District Court for the Central District of California on grounds that a “professional services” exclusion in an additional insured’s primary policy did not apply to bar coverage.
• U.S. Court of Appeals for the Ninth Circuit affirmed that our client had no duty to defend a skateboard manufacturer for infringement claims on grounds that “prior publication” exclusion applied.
• Recovered $1.75 million from primary insurer on behalf of excess insurer after summary judgment win in U.S. District Court for the Central District of California, in a matter involving coverage under primary, farm and ranch, and excess policies for severe injuries suffered when claimant fell off a roof.
• Recovered $350,000 from excess umbrella insurer on behalf of primary insurer in subrogation action seeking participation in defense incurred on behalf of common insured in construction defect action.
• Rescission of policy affirmed by U.S. District Court for the Central District of California, based on material misrepresentations made by insured during underwriting process.
• Served as national coordinating coverage counsel for hundreds of claims resulting from application of DuPont weedkiller that allegedly also killed trees.
• Served as monitoring coverage counsel for hundreds of claims involving potential advertising and personal injury coverage resulting from insured’s alleged activities involving the lease of land and cell tower space across the country, with multiple years of potentially exposed primary and excess coverage.
• Settled product liability claim involving mechanically stabilized earth walls for six figures in response to demand for $5 million excess limits on grounds that other policies, including design and additional insured coverage, must respond before excess could be triggered.
• Settled product liability claim involving contaminated recycling pellets for fraction of amount incurred by insured based on position that insured breached “voluntary payments” condition in policy.

In addition to the regular client training Linda provides, below are some of her more recent national or regional presentations: 

• “Insurance Coverage for Environmental Claims Arising from the Agriculture Industry,” The National Forum for Environmental and Toxic Tort Issues, 28^th Annual Conference, Chicago, September 2022

• "Pitfalls to Avoid When Handling a New Claim,"  2022 CLM Focus June Conference, Nashville, June 2022

• “Hot Topics Involving the Right to Independent Counsel,"  2021 CLM Annual Conference,  Atlanta, August  2021
• "Tressler Talks: Tempted by the Fruit of Another-Additional Insureds, Indemnity Agreements and Risk Transfer," Tressler Webinar, June 2021
• "Tressler Talks: The Right to Independent Counsel and Beyond," Tressler Webinar, June 2020
• “Going Hog Wild:  Liability and Insurance Coverage Issues Surrounding Recent Farming Verdicts,” 2019 CLM Annual Conference, Orlando, March 2019
• "50 Shades Darker: SIRs and Deductibles in the Gray World of Bad Faith," 2018 CLM Annual Conference, Houston, March 2018
• "Is it Good to Be 'You'?  The Definition of 'You' and its Effect on Additional Insured Coverage," 2017 CLM New York Conference, November 2017
• “50 Shades of Gray: The Ins And Outs of Sirs and Deductibles, and Who Pays to Play,” 2017 CLM Annual Conference, Nashville, March 2017
• “Navigating Other Insurance Disputes,” 2016 PLRB National Claims Conference, San Antonio, Texas, April 17-20, 2016
• Co-Chair, Emerging and Complex Insurance Claims Forum, HB Litigation Conferences, Presenter, “Tempted by the Fruit of Another: Additional Insureds, Indemnity Agreements and Risk Transfer,” Los Angeles, February 24-26, 2016
• “Who Pays When Products Fail? Determining Damage and Coverage for Claims Involving Defective Products,” ABA Section of Litigation, Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona, March 6, 2015
• “Recent Developments and Issues in Insurance Coverage for Asbestos Claims,” Cutting-Edge Issues in Asbestos Litigation Conference, Beverly Hills, California, March 17, 2014
• Co-Chair, Insurance Allocation Strategies 2013 Conference, HB Litigation Conferences, Presenter, “Defense Allocation Issues When Independent Counsel is Triggered,” Insurance Allocation Strategies 2013 Conference, Los Angeles, October 29, 2013
• “The ‘Morton’s Fork’ Dilemma: SIRs, Deductibles and Financially Impaired Insureds,” Tressler’s New World Insurance Issues Seminar, Los Angeles, October 10, 2013
• “Recognizing the Red Flags in a Bad Faith Set-Up,” American Conference Institute’s 23rd National Advanced Forum on Bad Faith Litigation, Orlando, November 2012
• “Recognizing the Red Flags in a Bad Faith Set-Up,” National Forum for Environmental and Toxic Tort Issues’ 19th Annual Conference, Chicago, September 2012
• “Insurance Allocation Panel Discussion: The View from the Bench and Beyond,” National Forum for Environmental and Toxic Tort Issues’ 18th Annual Conference, Chicago, September 2010
• “The Impact of the State of California v. Allstate,” February 2010
• “How to Successfully Mediate Bad Faith Cases,” American Conference Institute’s Bad Faith Litigation Conference, April 2009
• “Additional Insured Issues,” PLRB Western Regional Adjusters Conference, October 2007
• “Number of “Occurrences for Asbestos-Related Claims,” The National Forum for Environmental and Toxic Tort Issues, 14th Annual Conference, Chicago, October 2007
• “From Mines to Minefields: Asbestos News From the Front,” ABA Insurance Coverage Litigation Seminar, March 2007
• “Mediation Strategies for Liability Claims,” PLRB Western Regional Adjusters Conference, November 2006