Profile

Mr. Tittmann advises and represents his carrier and policyholder clients on a wide range of insurance products, including general liability (CGL), professional liability (E&O), property, and lender-placed insurance. Mr. Tittmann is the Assistant General Counsel for Carroll, Burdick & McDonough LLP and in that role handles the firm's professional liability insurance claims as well. As an author and editor for the International Risk Management Institute's CGL Reporter, he publishes regularly on a broad range of coverage issues and policy language.

Whether in litigation or pre-litigation, he specializes in strategic analysis with attention to the unique business needs and interests of his clients, whether that requires full litigation and trial, early negotiation, heated discovery battles and motions for summary judgment, or precedent-oriented appeals.

He also maintains a broad commercial and class action litigation practice, including claims under California's unfair competition law, employment, personal injury, real estate, and environmental damage. In coverage disputes, this broad background enables him to understand the underlying issues and background quickly regardless of the dispute.

Insurance Coverage and Litigation

Mr. Tittmann has represented and advised clients, both in litigation and pre-litigation, to successfully resolve coverage actions involving:

• bad faith allegations concerning the adjustment of claims under property insurance policies involving water damage, construction defects, fire, theft and third-party suits. 
• professional liability coverage on financial losses claimed by investors of Bernard Madoff against policyholder CPAs.                                                                                                                                                                                                  
• contamination caused by the release of solvents and chemicals such as PCE, DDT and MTBE, including Hartford v. City of Lodi and AMICO v. Montrose.
• bodily injury and property damage allegedly resulting from exposure to asbestos and other toxic chemicals/products and resolved coverage-related issues in asbestos bankruptcies as part of a lead team in several high-profile matters, including Kaiser v. Certain Underwriters, et al., and In Re Babcock & Wilcox.

Mr. Tittmann has obtained or assisted in several successful appellate results, including Kvaerner v. Yellow Freight, 2005 WL 1060242 (9th Cir. May 5, 2005), O'Connor v. Boeing, 311 F.3d 1139 (9th Cir. 2002), and Vanstar Corp. v. AT&T Solutions, Inc., 2004 WL 1664790 (Cal. Ct. App. July 27, 2004). 

Presentations and Publications

Contributor to The Policy Line, The Insurance Coverage Resource (2007 to present)

“Subrogation – Getting Back What is Rightfully Yours,” and “Scared Straight: Can You Still Count on the Attorney-Client Privilege?” presented at the 21st Annual Insurance Coverage Litigation Committee Midyear Program presented by the American Bar Association (2013).

Losing Confidence in Confidentiality: Expansion of Exceptions to the Attorney-Client Privilege Gut Its Purpose, published in the ABA Insurance Coverage Litigation Committee Newsletter (Spring 2012). Read Article

"Role Playing: Tips to Preserve the Attorney-Client Privilege" (September 30, 2011).

"Effective Team Work Between Inside and Outside Counsel," American Bar Association, Tort Trial & Insurance Practice Section Spring Leadership Forum, Amelia Island, FL (May 19, 2011).

“Avoiding Bad Faith,” presented July 7, 2010.

The Power of Procedure Under Anti-SLAPP Laws, published in Law360 (July 2, 2010).  Read article

"You Can Do Magic: Multiplying Occurrences, Disappearing Deductibles and Annualizing Policy Limits" presented September 28-29, 2006.

The Supreme Court and Judicial Restraint: Philip Morris v. Williams, published in Engage, The Journal of the Federalist Society Practice Groups (June 2007).

Fuller-Austin Case Impacts Bankruptcy Laws, published in Andrews Litigation Reporter, Insurance Coverage (May 5, 2006).

Attorney-Client Privilege May Be Weakened by Recent Cases, published in State Court Docket Watch, a publication of the Federalist Society for Law and Public Policy Studies—State Court Project (December 2005).

Increasingly Frail Attorney-Client Privilege Requires More Support, published in the San Francisco Daily Journal (September 15, 2005).

Making Adjustments: High Court Ends Up Both Limiting and Extending Punitive Damages, The Recorder, Practice Center - Law and Management section (July 20, 2005).

Speaker on panel entitled "The Hidden Savings of Implementing Collaboration Technologies" at the Collaborative Communication Summit in San Francisco (October 24, 2005).

"A Customer's Perspective on Web Conferencing," presented at the Collaborative Communications Summit (October 24-25, 2005).

Law License Is Not Magic Charm to Protect Documents, Communications, published in the San Francisco Daily Journal (December 22, 2003).

Paying the Price: Banks May Be Liable for Paying Forged Checks Even When Innocent, published in the West Group UCC Bulletin (August 2003).

Statute Offers Banks a Defense to Cashing of Forged Checks, published in the San Francisco Daily Journal (December 20, 2002).

Residence Required, published in Daily Journal, Focus section (October 2, 2001).

Classy Talk, published in San Francisco Daily Journal, Focus section (June 4, 2001, at 5).

Internal Conflict, published in San Francisco Daily Journal, Focus section (May 4, 2001, at 5).

Stop the Presses, published in San Francisco Daily Journal, Business Advisor (March 16, 2001, at 2).

Claim of Substance, published in San Francisco Daily Journal, Focus section (September 3, 1999).

Individual Exposure, published in California Law Business (January 11, 1999).