Direct Dial: (510) 835-6725

Facsimile: (510) 835-6666

Practice Areas

• Insurance
• Construction

Education

J.D., Hastings College of Law, University of California, 1977
B.A., with distinction, University of California at Berkeley

Licensed to Practice in

• California

Attorney Profile PDFs

• Waters, David

Client Alerts

• Pending California Supreme Court Employment, General Liability, Health Care, Insurance, Professional Liability, And Public Entity Cases As Of March 29, 2013
• California Supreme Court Issues Decision on “All Sums” and Stacking in Continuing Injury Damage Lawsuits
• Blow to Certain Product Manufacturers Blunted
• Court of Appeal Terms Insurer’s Act of “Hiding Behind An SIR” As “Gamesmanship”
• Crawford Redux II: The Legislature Speaks
(View All)

Practice Expertise

• Defends insurance carriers against claims of coverage by both insureds and other carriers, including the defense of bad faith actions
• Counsels insurers regarding their duties and obligations under insurance policies including the authoring of coverage opinions
• Manages pursuit of recovery of additional insurer and contractual indemnitor contribution to defense costs during course of underlying litigation
• Represents carrier interests at mediations and settlement conferences where coverage issues and/or defense constitution issues significantly impact resolution of claim 

Litigation

• Prosecutes declaratory relief actions against insurers and other insurers obtainingdeclaration of no coverage
• Prosecutes rescission actions against insureds who obtain coverage through misrepresentation or nondisclosure
• Successfully litigates cases seeking reimbursement from co-insurers which erroneously denied coverage obligations
• Successfully litigated against D & O carrier to compel defense and indemnity or tenant class action living conditions case
• Defended personal lines and commercial lines carriers with respect to catastrophic losses such as the 1989 Loma Prieta earthquake and the 1991 Oakland Hills Fire Storm 

Advice & Counsel

• Advises carrier and negotiates on their behalf in complex claims implicatory desparate coverages by CGL, D & O, E & O, Cyber-liability, contractor's pollution, surplus lines and excess policies
• Advises personal lines and commercial lines carriers on the full breadth of property coverage, from boiler and machinery through business interruption, builder's risk, and earthquake

Dispute Resolution

• Strives for an early disposition of each coverage lawsuit, whether by motion, e.g. summary judgment, mediation, arbitration, or other form of alternate dispute resolution

Professional Associations

• Member of Order of the Coif; Thurston Society, State Bar of California, Alameda County Bar Association 

Publications

• Editor of Burnham Brown Client Alerts