David W. Evans
Biographical Information
Mr. Evans is the Managing Partner of Haight Brown & Bonesteel’s San Francisco office. He is a member of the Professional Liability and Risk Management & Insurance Law Practice Groups. His practice focuses on the defense of professional liability actions against lawyers and accountants, professional fee disputes and representation of insurers in coverage matters and bad faith litigation.
He has worked with both domestic and London-based insurance companies in defending a wide variety of claims against lawyers and accountants. He has also worked with some of the country's top insurance companies providing counseling and representation concerning first-party and third-party coverage matters. Mr. Evans has worked for many years with the leading providers of executive protection and professional liability insurance and has both defended and monitored directors' and officers' liability litigation. He also has more than 30 years of trial experience in property/casualty and commercial litigation, including the representation of professionals in fee disputes.
Representative Experience:
- Astor Holdings v. Steefel, Levitt & Weiss – Lead trial counsel in legal malpractice action against law firm involving earlier bankruptcy litigation. Obtained unanimous defense verdict from federal court jury, including award of $500,000 to client in unpaid legal fees from unsuccessful claimant
- American Modern Insurance Co. v. Gallagher – Lead counsel for insurer in legal malpractice suit against defense counsel for missing deadline to respond to $300,000 "policy limits" settlement demand in serious personal injury case; insurer forced to pay $5.5 million to settle. Successfully defeated motion for summary judgment by defendants and obtained seven-figure settlement for entirety of defendants' remaining errors and omissions insurance coverage
- Rubel v. LPS – Lead trial counsel in legal malpractice action against law firm arising from underlying marital settlement agreement. Plaintiff claimed she could have obtained higher settlement of more than $2.5 million from former husband. Obtained defense verdict after two-week binding arbitration
- Piper Jaffray v. Executive Risk – Obtained summary judgment for directors' and officers' liability insurer regarding claims by brokerage firm for coverage of losses in mortgage-backed derivative investments in excess of $5 million
Reported Decisions:
- Redman v. Walters (1979) 88 Cal.App.3d 448, rev. denied (1979) [legal malpractice – liability of withdrawing partner]
- Davis v. Damrell (1981) 119 Cal.App.3d 883 [legal malpractice – ‘error in judgment’ rule]
- Dr. Ing H.C.F. Porsche, A.G. v. Superior Court (1981) 123 Cal.App.3d 755 [civil procedure – motion to quash re noncompliance with Hague Convention]
- California Food Service Corp. v. Great American Insurance Co. (1982) 130 Cal.App.3d 892 [insurance – existence of insurable interest]
- Premier Communications Network, Inc. v. Fuentes (9th Cir. 1989) 880 F.2d 1096 [legal malpractice – litigation privilege - California Civil Code § 47(2)]
- American Cyanamid Co. v. American Home Assurance Co. (1995) 30 Cal.App.4th 969 [insurance – personal injury coverage - duty to defend anticompetitive practices]
- Gordon v. Havasu Palms (2001) 93 Cal.App.4th 244 [general liability – duty to maintain private airstrip]
- Fireman’s Fund Ins. Co. v. General Reinsurance Corp. (N.D.Cal. 2005) 2005 U.S. Dist. LEXIS 43650 [reinsurance – interpretation of facultative certificates re reimbursement of coverage expenses]
- American Insurance Co. v. American Re-Insurance Co. (N.D. Cal. 2006) 2006 U.S. Dist. LEXIS 95801 [reinsurance – ‘follow the fortunes’ issues re underlying settlement]
- American Modern Insurance Co. v. Gallagher and White & Oliver (S.D. Cal. 2008) 2008 U.S. Dist. LEXIS 9523 [legal malpractice – duty of defense counsel to advise insurer]
Honors
- 2010 Northern California Super Lawyer
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