David A. Thomas
|Los Angeles, CA||v. +1.424.239.3410||f. +1.424.389.7095|
David A. Thomas has an insurance recovery, complex commercial litigation, and consumer litigation practice that includes contract disputes, unfair competition and trade practices claims, and insurance recovery litigation.
Mr. Thomas has particular experience representing and counseling policyholders in both litigation and non-litigation matters relating to a broad array of commercial insurance lines, including cybersecurity and privacy, commercial general liability, umbrella, D&O, bankers professional liability, employment practices liability, and first-party property and business interruption. His practice extends to representing and counseling consumers and individual policyholders harmed by fraudulent and unfair practices in the sale of life and health insurance products and insurance-related transactions.
Mr. Thomas previously served as an assistant district attorney on a three-month secondment to the San Francisco District Attorney's Office, where he tried five jury trials to verdict. He also served as a law clerk to the Honorable Judge Saundra Brown Armstrong, United States District Court for the Northern District of California.
- 500 gas station and convenience store owners in a contract and competition litigation against their franchisor; trial counsel in a five-week bellwether trial.
- A community bank in an insurance recovery litigation against its bankers professional liability insurer, arising out of claims involving an alleged Ponzi scheme perpetrated by certain depositors.
- A major financial institution in its insurance coverage action against its primary professional liability, technology, and multimedia insurer, including helping to obtain a summary adjudication ruling that fixed, minimum statutory damages available under California’s Invasion of Privacy and similar statutes are not excluded “fines, . . . sanctions or penalties” for insurance coverage purposes.
- A leading private equity firm in its recovery of $200 million in professional services liability insurance for its settlement of litigation arising out of an aborted merger involving one of its portfolio companies.
- A steelmaking concern in arbitration against its worker’s compensation liability insurer for return of collateral held by the insurer under the program’s payment agreement.
- A social media company in a dispute with its technology professional services liability insurer over rates for independent (Cumis) counsel’s fees incurred in its defense against first-impression litigation.
- A producer of premium smoked salmon in a litigation against its supplier for significant financial losses due to bacteria contamination; obtained a favorable ruling on a key issue of first impression in California implied warranty law.
- Lead trial counsel for private wealth management clients in a FINRA arbitration against a leading financial services firm resulting in a significant damages and attorneys’ fee award based on the client advisor’s fraud in the sale of premium-financed life insurance.
- A financial services institution in an insurance coverage litigation against its D&O carrier for indemnity for claims arising out of fraudulent conduct by one of its brokers.
- A certified nationwide class of annuity policyholders in a litigation recovering the largest per class member General Policy Relief in an insurance market conduct class action.
COMMUNITY SERVICE & AFFILIATIONS
Mr. Thomas serves as a member of the American Bar Association’s Section of Litigation Insurance Coverage Litigation Committee.