Practice Areas - Insurance Coverage
- Bad Faith
| - Subrogation
- Civil Litigation
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| Contact Info | Telephone: (559) 433-1300
Fax: (559) 433-2300
http://www.mccormickbarstow.com
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| Mailing Address | 5 River Park Place EastP.O. Box 28912, Fresno, California, 93720-1501 |
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| University | University of Utah, M.S., 1995 |
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| Law School | McGeorge School of Law, University of the Pacific, J.D., with great distinction, 1999 |
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| Admitted | 1999, California; U.S. District Court, Northern, Eastern, Central and Southern Districts of California; U.S. Court of Appeals, Ninth Circuit |
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| Memberships | State Bar of California; Fresno County Young Lawyers (Board Member, 2003-2005). |
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| Biography | Selected, Northern California Rising Star, 2009. AUTHOR: "The Constitutionality of State Laws Banning Government Contracts With Burma: Upholding Federalism's Purpose," McGeorge Law Review; "Grand Jury Reform: Leveling the Playing Field," McGeorge Law Review and Migrant Farmworker Housing, McGeorge Law Review. CO-AUTHOR: "Coverage Alert: Schmitt v. NIC Insurance Co," California Association of Independent Insurance Adjusters, January 2008. |
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| Reported Cases | Published Decisions - Insurance and Bad Faith, California Court of Appeal: American International Specialty Lines Ins. Co. v. Continental Casualty Ins. Co. (2006) 142 Cal.App.4th 1342 (settling insurers did not have a claim for equitable contribution based on a failure to notify the objecting insurer of its potential liability for contribution prior to a settlement.); F & H Construction v. ITT Hartford Ins. Co. (2004) 118 Cal.App.4th 364 (a contractor could not recover the cost of modifying inadequate steel pile caps as property damage was not established by the mere failure of a defective product to perform as intended.); St. Paul Mercury Ins. Co. v. Frontier Pacific Ins. Co. (2003) 111 Cal.App.4th 1234 (although a lessee had been dismissed from an action arising from an underlying tort claim, an insurer's action for contribution from other carriers was remanded for determination of the lessee's liability as necessary to allocate the contributions between the insurers.). Published Decisions - Insurance and Bad Faith, U.S. District Court - California: GBTI, Inc. v. Insurance Company of the State of Pennsylvania, 2011 U.S. Dist. LEXIS, 46917 (E.D. Cal. 2011) (granting insurer's Motion for Summary Judgment that a claim for piercing of the corporate veil does not create the requisite "vicarious liability' to establish coverage for shareholders, directors, or officers as "anyone liable' for the conduct of an insured under an omnibus provision in a commercial auto policy); GBTI, Inc. v. Insurance Company of the State of Pennsylvania (E.D. Cal. 2009) U.S. Dist. LEXIS 70368 (Dismissal of claim for punitive damages against insurer.); New Hampshire Insurance Company v. Mendocino Forest Products, Co., LLC (N.D. Cal. 2007) U.S. Dist. LEXIS 76147 (negligence of an indemnitor is not required to establish the application of a general indemnity agreement); Valley Air Conditioning & Repair, Inc. v. Beneficial Life Ins. Co. (E.D. Cal. 2007) U.S. Dist. LEXIS 70111 (successful 12b(6) motion to eliminate claims for breach of fiduciary duty, intentional interference with a protected property interest and violation of Insurance Code § 790.03). Published Decisions - Insurance and Bad Faith, U.S. District Court - Oregon: Am. Int'l Specialty Lines Ins. Co. v. KinderCare Learning Centers, Inc., 2011 U.S. Dist. LEXIS 28212 (D. Or. 2011) (a failure to procure insurance by the insured precludes an insurer's subrogation action as it constitutes a complete defense to a claim by an insurer); American International Specialty Lines Insurance Company v. KinderCare Learning Centers, Inc., (D. Or. 2010) U.S. Dist. LEXIS 78374 (granting AISLIC's motion for summary judgment in establishing that KinderCare did not qualify as an additional insured as the loss did not arise out of AISLIC's named insured's ongoing operations). Published Decisions - Non-Insurance, California Supreme Court: Utilities Cost Management v. Indian Wells Valley Water District (2001) 26 Cal.App.4th 1185 (the 120 day statute of limitations applied to an action by a public agency to recover amounts paid to a public utility for capital improvements barred plaintiff's action.). Published Decisions - Non-Insurance, U.S. District Court - Oregon: American International Specialty Lines Insurance Company v. KinderCare Learning Centers, Inc. (D. Or. 2008) U.S. Dist. LEXIS 48635 (finding an indemnity agreement conspicuous and applicable based on its incorporation into the final contract between the toy supplier and KinderCare). Published Decisions - Non-Insurance, U.S. Court of Appeals - Ninth Circuit: American International Specialty Lines, Ins. Co. v. Kindercare Learning Ctrs., Inc. (9th Cir. 2010) U.S. App. LEXIS 2611 (Ninth Circuit reversed the District Court in finding that an indemnity agreement was inconspicuous pursuant to the Oregon version of the UCC). |
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| ISLN | 914486969 |
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