Bryan M. Weiss: Lawyer with Murchison & Cumming, LLP

Bryan M. Weiss

Los Angeles,  CA  U.S.A.

Peer Rating
AV® Preeminent

Client Rating

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Experience & Credentials Ratings & Reviews

Practice Areas

  • Appellate Law
  • Professional Liability
  • Insurance Law
University Tulane University, New Orleans, Louisiana, B.S., 1982
Law SchoolWhittier Law School, Costa Mesa, California, J.D., cum laude, 1985 Law Review: Whittier Law Review, Editor-in-Chief, 1984, Law Review: Whittier Law Review, Notes & Comments Editor, 1984 - 1985
Admitted1987, California; 1987, U.S. District Court, Central District of California; 1997, U.S. District Court, Southern District of California; 1999, U.S. Court of Appeals, Ninth Circuit; 2005, U.S. District Court, Northern District of California; 2006, U.S. District Court, Eastern District of California

Professional Associations and Memberships

•American College of Coverage and Extracontractual Counsel, Fellow

•International Association of Defense Counsel - Vice-Chair, Bad Faith Subcommitte

•Defense Research Institute - Co-Editor, Insurance Law Committee Newsletter; Member, Insurance, Appellate, and Life, Health & Disability Committees

•USLAW Network Insurance Coverage Practice Group - Secretary

•PLRB - Instructor


Bryan M. Weiss is a Partner and Co-Chair of the firm's Insurance Law Practice Group, specializing in providing coverage advice to insurers and representing insurers in declaratory relief and bad faith actions, as well as handling appeals in insurance-related matters. Mr. Weiss' expertise includes intellectual property and Coverage B coverage matters, first party property matters, and coverage issues arising under general and professional liability policies.

Mr. Weiss is a frequent author and speaker on insurance-related issues, including serving as Co -Editor of the DRI Insurance Law Newsletter and having been a speaker at PLRB/LIRB Regional and Annual meetings for several years. Mr. Weiss is AV rated by Martindale Hubbell. Mr. Weiss was recently elected as a fellow in the American College of Coverage and Extracontractual Counsel.

Honors and Awards

&8226;American Jurisprudence Award, Contracts and Comparative Law

Published Works

•The Prior Knowledge Exclusion in Claims-Made Policies, USLAW Magazine, Fall/Winter 2013

•Application of Unfair Business Practice Statutes to Claims Handling Conduct - the Zhang Decision, IADC Insurance and Reinsurance Committee Newsletter, October 2013

•California Courts and the Duty to Initiate Settlement Negotiations: Ramifications of the DU Decision(s), IADC Committee Newsletter, Insurance and Reinsurance, Bad Faith Subcommittee, February 2013

•The Duty to Defend 'Inextricably Intertwined' Actions, IADC Committee Newsletter, Insurance and Reinsurance, April 2012

•Covered Events, Defense Research Institute, Co-Editor

•E-risk: Managing Risk in the Information Age, AIC, Allianz Insurance Company, April, 2001

•Insurance Coverage for Inducement to Commit Patent Infringement Claims, Federation of Insurance and Corporate Counsel Quarterly, Spring, 2000

•Article, Liability of Service Personnel for Injuries Caused by Defective Products, Phi Magazine (Germany), March, 1996

•Article, Coverage Issues Raised By Employment Discrimination and Sexual Harassment Claims, Defense Research Institute Insurance Coverage Seminar, June, 1994

•Sexual Harassment: What It Is, What It Isn't, and Who Signs the Check for Defense or Indemnity, Federal of Insurance and Corporate Counsel Quarterly, Summer, 1996

•1983 California Court of Appeals Survey-Entertainment Law, 6 Whittier L. Rev. 391, 1984

Classes/Seminars Taught

•Selected Issues in Claims-Made Policies, Minnesota Lawyers Mutual Defense Panel Seminar, August 7, 2013, Minneapolis, MN

•Bad Faith: Can an insurer be liable even in the absence of a settlement demand? USLAW Network 2013 CLE Program , June 25, 2013, Santa Monica, CA

•Coverage B of the CGL Policy--Exclusions and Defenses to Coverage, DRI Insurance Coverage Claims Institute, April 10-12, 2013, Chicago, IL

•Insurance Coverage for Intellectual Property and Business Torts--Coverage B and Beyond, USLAW Client Conference, April 4-6, 2013, Tucson, AZ

•Personal and Advertising Injury Coverage--Emerging Issues, PLRB Claims Conference, March 19-20, 2013, Boston, MA

•Investigating the Duty to Defend, PLRB 2012 Regional Adjusters Conferences

•Fast and Furious: The Insurance Coverage Five-Minute Drill, USLAW Network Client Conference, April 12-14, 2012, Dana Point, C

•Reserving Rights and Potential Impact on Coverage, PLRB 2011 Regional Adjusters Conferences

•Defense of Intellectual Property Claims, PLRB 2009 Regional Adjusters Conferences

•Recent Developments in Advertising and Personal Injury Coverage, PLRB 2008 Regional Adjusters Conferences

•Handling Bodily Injury Claims from a Coverage Perspective, PLRB Regional Adjusters Conferences, 2004 - 2006

•Instructor, Advanced Legal Skills, Whittier College School of Law, 1991 - 1993

Press Releases

Bryan Weiss Elected fellow of American College of Coverage and Extracontractual Counsel
June 28, 2013

Murchison & Cumming Celebrates Ten Years in Northern California
January 10, 2013

Bryan Weiss to Speak at PLRB Claims Conference
January 4, 2013

Bryan Weiss to Lead Panel at USLAW Client Conference
January 4, 2013

Bryan Weiss to Speak at DRI Insurance Coverage and Claims Institute
January 4, 2013

Bryan Weiss to Speak at IADC Mid-Year Conference
January 4, 2013

Two Murchison & Cumming Attorneys Elected for IADC Membership; Two Elected for ADTA
February 7, 2012

M&C Announces Topics & Schedule for Its 2011 Insurance Roundtable Series
April 20, 2011

Bryan Weiss to Present at PLRB Regional Adjusters Conferences
February 14, 2011

Dan Longo and Bryan Weiss to Speak at PLRB Regional Conferences
November 2010

M&C Announces Topics & Schedule for Its 2010 Insurance Roundtable Series
March 1, 2010

Seminars & Events

Insurance Roundtable
November 17, 2014

Insurance Roundtable
May 13, 2014

Insurance Roundtable
September 24, 2013

Insurance Roundtable
June 11, 2013

Insurance Roundtable
March 26, 2013

Insurance Roundtable
January 15, 2013

Insurance Roundtable
November 13, 2012

Insurance Roundtable
September 18, 2012

Insurance Roundtable
June 19, 2012

Important Court Decisions This Year for the Insurance Industry
November 15, 2011

Writing Effective Reservation and Denial Letters
September 13, 2011

Defending with Independent Counsel
June 14, 2011

California Fair Claims Settlement Regulations
March 22, 2011

M&C Insurance Roundtable
November 16, 2010

M&C Insurance Roundtable
September 21, 2010

M&C Insurance Roundtable
April 20, 2010

M&C Insurance Roundtable
November 12, 2008

M&C Insurance Roundtable
September 16, 2008

M&C Insurance Roundtable
June 10, 2008

M&C Insurance Roundtable
April 8, 2008

Articles & Alerts

California Courts and the Duty to Initiate Settlement Negotiations
February 22, 2013
IADC Insurance and Reinsurance Committee Newsletter
By: Bryan M. Weiss

Ninth Circuit Rules that an Insurer Has an Affirmative Duty to Effectuate a Settlement Once its Insureds Liability in Excess of the Policy Limits Becomes Reasonably Clear
June 21, 2012
By: Bryan M. Weiss

The Duty to Defend Inextricably Intertwined Actions
May 2, 2012
IADC Insurance and Reinsurance Committee Newsletter
By: Bryan M. Weiss

Insurers Can Be Sued Under CA B&P 17200
February 1, 2010
By: Bryan M. Weiss

Insurance Coverage for Blast Fax Claims
May 1, 2009
By: Bryan M. Weiss

Passing the Buck: Focus on Addtional Insured Issues
November 30, 1999
By: Bryan M. Weiss, Carolyn A. Mathews, and Nancy N. Potter

M&C In the News

Verdicts & Settlements
June 17, 2011
Daily Journal

Verdicts and Settlements
June 3, 2011
Daily Journal

Firm Newsletters

Summer 2008
In Brief

Spring 2008
In Brief

Fall 2006
In Brief

Spring Summer 2005
In Brief


Summary Judgment Granted in Favor of Excess Carrier in Bad Faith & Coverage Action
October 29, 2010

Summary Judgment Granted in Favor of Insurer on Assault & Battery Exclusion in Declaratory Relief/Bad Faith Action
June 3, 2010

M&C Prevails in Court of Appeal: Court Finds No Duty to Defend an Additional Insured
June 9, 2008

Court Grants Motion To Dismiss - Wrongful Acts under E&O Policy Does Not Include Criminal Investigation
December 1, 2006

Two Defense Verdicts Upheld On Appeal for Insurer - Reformation of Policy Not Allowed and Costs Under 998 Awarded to Insurer
December 1, 2006

M&C Prevails on Choice of Law Motion Eliminating Plaintiffs Claims for Breach of the Implied Covenant of Good Faith and Fair Dealing and Exemplary Damages
December 9, 2005

Defense Verdict on Two Appeals
April 1, 2005

Subcontractor Endorsement Found Valid and Enforceable on Appeal - Contribution Claim by Other Insurer Fails
April 1, 2002

Speaking Engagements

Speaking Engagements
Summer 2013

Speaking Engagements
Spring 2013

Speaking Engagements
Fall 2012

Speaking Engagements
Summer 2012

Speaking Engagements
Spring 2012

Speaking Engagements
Fall 2011/Winter 2012

Speaking Engagements
Summer 2011

Reported CasesRepresentative Published Decisions; Colony Ins. Co. v. Crusader Ins. Co. (2010) 188 Cal. App. 4th 743; Hudson Ins. Co. v. Colony Ins. Co. (9th Cir. 2010) 624 F.3d 1264; Monticello Ins. Co. v. Essex Ins. Co. (2008) 162 Cal.App.4th 1376; Essex Ins. Co. v. Five Star Dye House, Inc. (2006) 38 Cal.4th 1252; Church Mutual Ins. Co. v. U.S. Liability Ins. Co. (S.D. Cal. 2004) 347 F.Supp.2d 880; Scottsdale Insurance Company v. Essex Insurance Company 98 Cal. App. 4th 86 (2002); Mez v. Pacific National Insurance Company 76 Cal. App. 4th 856 (1999), review denied (March 22, 2000); Floveyor International, Ltd. v. The Superior Court Of Los Angeles County (1997) 59 Cal.App.4th 789; Hartford Fire Insurance Company v. Irene Macri (1992) 4 Cal.4th 318; Unpublished Decisions: Strauss v. Sheffield Ins. Corp., 2008 WL 2229817; Scholle Corp. v. Agricultural Ins. Co., Not Reported in Cal.Rptr.3d, 2008 WL 948335, Nonpublished/Noncitable (Cal. Rules of Court, Rules 8.1105 and 8.1110, 8.1115), Cal.App. 4 Dist., April 09, 2008; Entertainment Industry Development Corp. of Southern Cal. v. U.S. Liability Ins. Co., 254 Fed.Appx. 586, 2007 WL 3390912, (Not Selected for publication in the Federal Reporter), C.A.9 (Cal.), November 14, 2007; Giannetti v. Burlington Ins. Co., 170 Fed.Appx. 461, 2006 WL 544305, (Not Selected for publication in the Federal Reporter), C.A.9 (Cal.), March 07, 2006; Moser v. Trans-General Life & Casualty Group Inc., 161 Fed.Appx. 666, 2006 WL 9836, (Not Selected for publication in the Federal Reporter), C.A.9 (Cal.), January 03, 2006; Great American Assur. v. McCormick, Not Reported in F.Supp.2d, 2005 WL 3095972, N.D.Cal., November 15, 2005; Zurich Specialties London Ltd. v. Gemini Ins. Co., Not Reported in Cal.Rptr.3d, 2005 WL 1102650, Nonpublished/Noncitable (Cal. Rules of Court, Rules 8.1105 and 8.1110, 8.1115), Cal.App. 4 Dist., May 10, 2005; Rio Vista Associates v. Hartford Cas. Ins. Co. (2005) 2005 WL 408007; Figueroa v. CNA/Continental Cas. Co. Ins., Not Reported in Cal.Rptr.2d, 2001 WL 1649220, Nonpublished/Noncitable (Cal. Rules of Court, Rules 8.1105 and 8.1110, 8.1115), Cal.App. 2 Dist., December 21, 2001; Figueroa v. Avis Rent-A-Car-System, Inc., Not Reported in Cal.Rptr.2d, 2001 WL 1650057, Nonpublished/Noncitable (Cal. Rules of Court, Rules 8.1105 and 8.1110, 8.1115), Cal.App. 2 Dist., December 21, 2001

Documents by this lawyer on

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California Issues Long-Awaited Decision in Hartford v. Swift, Finding No Coverage For Claims of "Implied" Disparagement
Bryan M. Weiss, July 1, 2014
On June 12, 2014, the California Supreme Court issued its decision in Hartford Casualty Ins. Co. v. Swift Distribution, Inc., affirming the Court of Appeal's ruling that Hartford's CGL policy did not potentially cover claims made against its insured for "implied" disparagement, i.e.,...

California Supreme Court Holds that Insurers May Be Liable under Unfair Competition Laws for its Alleged Bad Faith Claims Handling Practices and False Advertising
Bryan M. Weiss, August 6, 2013
The California Supreme Court today announced its decision in Zhang v. Superior Court, a decision which may have far-reaching implications for the insurance industry. Essentially, the Court held that insurers can be held liable under California's Unfair Competition Law (Bus. & Prof. Code...

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Office Information

Bryan M. Weiss

801 South Grand Avenue, 9th Floor
Los AngelesCA 90017


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