Raymond J. Tittmann
Representative Matters:
- Represents London market carriers in connection with $64 million malpractice judgment against a major law firm following 10 years of litigation, based on failed insurance claim.
- Represented major product retailer in settlement negotiations to resolve more than $100 million in product liability claims on a class wide basis, resolving also complicated contribution issues with client’s manufacturers and distributors, liability issues with the subrogation plaintiffs and class plaintiffs, and coverage issues with client’s liability carriers. These negotiations required 6 settlement agreements and more than 80 signatures to conclude a mass of litigation that had clogged legal departments and courts for the last decade. Class certification to approve the settlement is set for hearing on October 19, 2018.
- Represented insurer in coverage litigation over a severe fan beating occurring in the San Francisco 49ers Levis stadium. The fight erupted over an open urinal and the fan was beaten unconscious, suffering seizures, internal bleeding, and a permanent loss of cognitive function. The plaintiff credibly penciled $10 million in damages. The 49ers contended they had fully transferred their risk to the security guards and its insurers, but Judge Lucy H. Koh of the Northern District of California granted summary judgment to our client, finding that the risk should be shared equally between the carriers for the 49ers and the security guards.
- Prevailed before the Ninth Circuit Court of Appeals on the construction defects in the Morrison Bridge in Portland, Oregon. Multnomah County won a trial verdict in excess of $7 million, including $2.3 against the decking contractor. The decking subcontractor, however, had no assets and no insurance. Accordingly, the County sought to recover this judgment against the carriers of the subcontractor who supplied the material. We argued on behalf of the subcontractor’s carrier that the anti-indemnity act precluded this shifting of risk. Judge Michael Mosman from the United States District Court for the District of Oregon granted summary judgment in favor of our client. In July 2018, the Ninth Circuit Court of Appeals affirmed the District Court’s ruling in a unanimously decision.
- Represented several carriers on coverage dispute over the historic $50 million cleanup of the San Diego Harbor.
- Represents tenants of Barrington Plaza in $10 million apartment fire, defending against the building’s claims as to causation and pursuing counter claims against Barrington in coordination with Mark John Geragos.
- Prevailed on motion to dismiss against major movie producer on his flood insurance claim for a new multi-million dollar deck.
- Represented insurance agent against the claims of professional baseball player on allegations of professional malpractice relating to the purchase of $40 million in life insurance. Plaintiff dismissed his claims with prejudice after two years of intensive litigation.
- Represented insurance carrier on multi-million dollar construction defect claims brought by owner of the Lakers for the re-varnishing of cabinets.
Publications:
- Author, How to Draft Effective Insurance and Indemnification Provisions in Commercial Contracts, ACC Georgia Newsletter (Fall 2018)
- Quoted, Calif. Employers Get Coverage Relief On Negligent Hire Suits, Law360 (June 2018)
- Quoted, AIG, Office Depot Case May Limit Coverage In Fraud Cases, Law360 (October 2017)
- Quoted, Calif. Ruling Fortifies Insureds In Building Damage Battles, Law360 (September 2017)
- Quoted, Travelers' Win Deepens Divide Over Computer Fraud Coverage, Law360 (August 2017)
- Co-Author, In Search of the Win-Win: Clients and Lawyers Can Collaborate To Reduce Legal Spend and Increase Revenue, Spring 2014 CLM Litigation Magazine (April 2014)
- Author, Reduce Legal Spend by Embracing Technology and Ethics, Law360 (January 2014)
- Author, Losing Confidence in Confidentiality: Expansion of Exceptions to the Attorney-Client Privilege Gut Its Purpose, ABA Insurance Coverage Litigation Committee Newsletter (Spring 2012)
- Author, The Power of Procedure Under Anti-SLAPP Laws, Law360 (July 2010)
- Author, You Can Do Magic: Multiplying Occurrences, Disappearing Deductibles and Annualizing Policy Limits (February 2008)
- Author, The Supreme Court and Judicial Restraint: Philip Morris v. Williams, Engage, The Journal of the Federalist Society Practice Groups (June 2007)
Published Decisions:
First Mercury Insurance Co. v. Kinsale Insurance Co., 2018 WL 3995836 (N.D. Cal. Aug. 21, 2018)
Zurich Am. Ins. Co. v. First Mercury Ins. Co., 2018 WL 1175083 (N.D. Cal. Mar. 5, 2018) (removal 7 months after service of process was still timely because the plaintiff failed to identify the plaintiff’s domicile in the Complaint)
Apatow v. Am. Bankers Ins. Co. of Florida, 2016 WL 7422288 (C.D. Cal. Dec. 21, 2016)
San Francisco 49ers Litigation: First Mercury Ins. Co. v. Great Divide Ins. Co.,203 F. Supp. 3d 1043 (N.D. Cal. 2016) (prevail on motion to dismiss) and First Mercury Ins. Co. v. Great Divide Ins. Co., 241 F.Supp.3d 1028 (N.D. Cal. 2017) (prevail on motion for summary judgment)
- Brambila v. Wozencraft Insurance Agency, Inc., 2015 WL 12130490 (Cal. Super, Mar. 1, 2016) (granting summary judgment to rescind policy due to misstatement in application)
- First Mercury Insurance Co. v. Westchester Surplus Lines Ins. Co., 152 F.Supp.3d 1320 (D. Or. 2016), aff'x 731 F. App'd 716 (9th Cir. 2018)
- Briggs v. American Bankers Insurance Company of Florida, et al., 2015 WL 4755573 (Cal. Super. August 7, 2015)
- Briggs v. Bank of America Corp., 2015 WL 3465739 (C.D. Cal. June 1, 2015)
- Krivitsky v. Am. Bankers Ins. Co. of Florida, 2014 WL 2452957 (C.D. Cal. Mar. 20, 2014)
- McCormick v. Rexroth, 2010 WL 934242 (N.D. Cal. Mar. 15, 2010)
- Lam v. Mid-Century Ins. Co., 2008 WL 5120052 (N.D. Cal. Dec. 3, 2008)
- Ham v. Cont'l Ins. Co., 2008 WL 4287563 (N.D. Cal. Sept. 17, 2008)
- Kvaerner E & C (Metals) v. Yellow Freight Sys., Inc., 130 F. App'x 172 (9th Cir. 2005)
Practice Areas:
Insurance Coverage Litigation
Class and Collective Action Litigation
Unfair Competition Litigation
Complex Commercial Litigation
Office:
Education and Background:
- University of Notre Dame Law School
J.D., 1997
Dean’s List
- Thomas Aquinas College
B.A., 1994
Professional Activities:
- Chambers & Partners USA, Recognized Practitioner, Insurance Law (Insurer), 2015, 2016 and 2017
- Recognized as one of Southern California's "Super Lawyers" for 2018 and 2019
- Thomas Aquinas College, Board of Regents
- St. Monica's Academy, Football, Head Coach
- Law360, Insurance Editorial Advisory Board, 2017