Donald W. Brown

For example, Don was ExxonMobil’s lead trial lawyer 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 argued the appeals in the following landmark decisions dealing with umbrella liability insurance: Deere & Co. v. Allstate Ins. Co. (2019) 32 Cal.App.5th 499 (second- and higher-layer umbrella policies are obligated respond to loss on a first-dollar basis despite self-insured retention in first-layer umbrella policy/coverage for defense costs incurred in lawsuits arising out of a “covered occurrence” applies even in cases where the insured is dismissed without incurring any liability triggering coverage); Legacy Vulcan Corp. v. Superior Court (2010) 185 Cal.App.4th 677 (first-layer umbrella insurer is obligated to act as primary insurer and provide for the insured’s defense on a first-dollar basis despite an unexhausted self-insured retention).