ERIC LAWTON
a professional corporation
• Lead counsel for corporate owner of high-rise office buildings and shopping centers throughout the United States and Canada in suit against property & casualty insurance brokers based on professional negligence, breach of contract, fraud and breach of fiduciary duty in placement of $128 million property insurance program. As a result of the Northridge Earthquake, Client suffered millions of dollars in property damage to its extensive California properties, after which the primary insurer in the program placed by Defendant brokers became insolvent and was placed in liquidation. After Plaintiff defeated four defense summary judgment motions and prevailed on its own summary adjudication motion, and notwithstanding significant coverage issues asserted by defendants' E & O insurers, the case settled against Defendant brokers on the eve of trial for a confidential multi-million dollar sum.
• Personal "Cumis" counsel for subcontractor in defense of suit arising out of catastrophic failure of main turbine at Southern California Edison’s Long Beach Generating Station causing complete blackout of City of Long Beach for extended period of time. In addition to client's defense against SCE’s claims in main action, this case involved dispute with client's liability insurer regarding complex issues of coverage and insurer's duty to provide and pay for such defense. Successfully settled with SCE just prior to trial by obtaining dismissal of client in main action in exchange for testimony against other parties, with all fees and costs paid by insurer.
• Represented policyholder in bad faith suit against property liability insurer for failure to settle underlying CGL claim within policy limits resulting in multi-million dollar excess judgment against policyholder. Bad faith case settled at start of trial for $7.5 million.
• Represented Fen Phen victim with serious heart valve damage; coordinated case resulted in settlement of $6.25 million.
• Represented family of young man killed in auto accident case resulting in policy limits settlement of $1,500,000.
• Represented family in wrongful death case of seven-year old daughter in swimming pool accident at babysitter’s home. Despite serious insurance coverage disputes with defendant's insurer involving business exclusion in homeowner’s policy, case resolved in settlement for homeowner's $250,000 policy limits.
• Represented two men injured in collapse of wooden deck at luxury home in Beverly Hills. Case settled for homeowner’s $500,000 policy limit despite coverage disputes regarding lack of endorsements/coverage in homeowner's policy for "bootleg" rental units.
• Successful defense of employer sued by Workers Compensation insurer for claimed additional premium in excess of $5 million based on insurer's attempted re-classification of employees.
• Successful defense of employer sued by Workers Compensation insurer for claimed additional premium in excess of $2.5 million based on insurer's attempt to change its premium rate after expiration of the policy. Case resolved in exchange for employer's release of malicious prosecution claims against insurer.
• Successful defense of employer sued by Workers Compensation insurer for claimed additional premium in excess of $1 million based on dispute over insurer's classification of employees.
• Represented policyholder in first party Uninsured Motorist binding arbitration against auto insurer resulting in $250,000 UM policy limit award; Subsequent Superior Court bad faith suit for insurer's failure to settle resulted in award of additional $475,000
• Represented name partner of prominent CPA firm in contractual binding arbitration of dispute involving partnership dissolution. Resulted in award in excess of $750,000.
• Represented family of six in claims against religious institution and major movie theater chain arising out of child molestation of the family’s four children by religious school teacher who also worked as projectionist at movie theater. Despite numerous insurance coverage disputes asserted by defendants' insurers, case settled on eve of trial for $3.25 million.
• Represented prominent law firm in contractual arbitration of attorney fee dispute with a liability insurer regarding fees incurred in defense of policyholder in construction defect trial, requiring "trial within a trial" of underlying case. Resulted in award of $475,000 to attorneys for all fees and costs sought.
• Represented major national defense contractor in defense of suit by former employee for interference with contract and prospective economic advantage and related business torts. Case also included intensive negotiations with client's D & O insurer regarding coverage, duties to defend and indemnify. Case resolved before trial by successful summary judgment motion and payment by insurer of all defense fees and costs.
* Past results are reported to provide the reader with an indication of the type of legal matters in which we practice and do not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situations and applicable law.
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