Donald W. Brown

Donald Brown’s trial practice focuses on representing policyholders in complex insurance coverage disputes.

He has served as lead counsel in lawsuits involving substantial claims under directors and officers insurance policies; financial, media, software, and other errors and omissions policies (including coverage for false advertising and unfair business practices claims); general liability policies (including coverage for mass tort and environmental liabilities); construction policies; fidelity and other financial guaranty policies; and first-party property damage policies (including major damage and business interruption losses resulting from hurricane, tornado and other catastrophic events).

Mr. Brown was the lead trial lawyer for ExxonMobil in its lawsuit against more than 100 insurers over more than $2 billion of coverage for environmental cleanup liabilities associated with some 5,000 sites.  He also was the lead lawyer for Fibreboard in the trial of key phases of the landmark California Asbestos Insurance Coverage Cases, which led to insurance recoveries in excess of $2 billion.

Mr. Brown also serves as the Managing Partner of the San Francisco office.

Representative Matters

• Representing ExxonMobil in New York lawsuit over coverage for asbestos-related liabilities.
• Representing Vulcan Materials in Los Angeles lawsuit over coverage under general liability insurance policies for environmental liabilities.
• Representing InterMune in arbitration over D&O coverage for defense costs incurred by former CEO.
• Representing a major bank in Philadelphia lawsuit over a claim against a Financial Institution Fidelity Bond.
• Represented Morgan Stanley in New York lawsuits filed by Lloyd's disputing coverage under a financial institutions professional liability insurance policy.
• Represented Adelphia in Pennsylvania lawsuit seeking coverage under directors & officers liability insurance policies in relation to securities claims arising out of alleged mismanagement by members of the Rigas family.
• Represented McKesson Corporation in San Francisco lawsuits seeking coverage under general liability insurance policies for environmental liabilities.
• Served as party-appointed arbitrator in several complex insurance coverage disputes, including arbitrations over claims by Boeing, Dow Corning, and PG&E Corporation.

Honors and Rankings

• Insurance Law360, "Most Admired Attorneys" (2010)
• Chambers USA: America's Leading Lawyers for Business ranked in the "first tier" of leading policy holder lawyers nationally (2013), and as an “individual star” (above the “first tier”) in California.
• Best Lawyers in America in two separate categories: Commercial Litigation and Insurance Law (2013)
• Best Lawyers in America - Lawyer of the Year; Insurance Law, San Francisco (2012)
• Law & Politics “Top 100” Lawyers in Northern California (2011)
• Benchmark: Litigation, National Star - Insurance Litigation; California Star (2012)
• Legal 500 - United States - Insurance - advice to policyholders (2013)
• The Practical Law Company (PLC) - Insurance and Reinsurance, The Law and Leading Lawyers Worldwide (2011)
• Best of the Best USA, Insurance and Reinsurance (2011)
• The International Who's Who of Business Lawyers (2012)
• The Legal Media Group Guide to the World's Leading Insurance and Reinsurance Lawyers (2013)

Memberships and Affiliations

• Fellow, The American Bar Foundation
• Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, Member
• California State Bar, Committee on Administration of Justice, Member

Publications and Speeches

• "Insurance Coverage for Losses from the Japanese Earthquake and Tsunami," Covington E-Alert (3/18/2011), Co-Author
• "Insurance," chapter in Business and Commercial Litigation in Federal Courts, 3d ed. (2011), Co-Author
• "Manual for Complex Insurance Coverage Litigation," ABA Task Force on Insurance (1993), Co-Author