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Alan P. Jacobus

Alan P. Jacobus

Partner

San Francisco

415.989.5900

Expertise

Environmental and Mass Tort Coverage Litigation

• Mr. Jacobus handles all aspects of coverage litigation over coverage under liability policies for environmental and mass tort claims, including coverage for pollution, asbestos, and construction defect claims.

Bad Faith Litigation

• He represents insurers against policyholders' extra-contractual (bad faith) claims.

Insurance-Related Bankruptcy Litigation

• Mr. Jacobus is experienced in representing insurers in bankruptcy proceedings relating to insurance coverage for mass tort liabilities.

Other Liability Coverage Litigation

• He is experienced in representing insurers’ interests under errors and omissions policies, protection and indemnity policies, and other liability insurance products, including in rescission actions.

Surety and Fidelity Litigation

• Mr. Jacobus is experienced in representing sureties in litigation involving products such as performance and payment bonds and bankers blanket bonds.

Strategic Analysis and Coverage Advice

• He has significant experience providing strategic litigation advice and planning, and analysis of coverage issues, to clients at the management level.

Non-Insurance Litigation

• Mr. Jacobus has represented sophisticated, non-insurance clients in complex commercial litigation in a variety of practice areas, including, recently, international intellectual property litigation.

Recent Presentations/Publications

• "Ethics Sessions: Can You Keep a Secret? Maybe Not: Exceptions to Traditional Attorney-Client Privilege and Work Product Protections in Insurance Coverage Disputes," paper presented at Mealey’s Bad Faith Litigation Conference (September 2006)
• "Pig in a Poke? How Acquiring Companies Can Unwittingly Become Responsible for the Liabilities of Companies They Acquire," presented at Gas Technology Institute Natural Gas & LP Odorization Conference (July 2006)
• Key Concepts in General Liability Insurance Coverage for Construction Defects (October 2005)
• "Odor Fade and the Legal Duty to Warn," paper presented at Gas Technology Institute’s Natural Gas & LP Odorization Conference (July 2005)
• Black Lung Bonds, published in the Defense Research Institute's For the Defense (September 2004)
• "Contractual Liability Risk Transfer: Issues and Concerns Arising from Indemnity and Hold-Harmless Agreements," paper presented at Gas Technology Institute’s Natural Gas & LP Odorization Conference (August 2004)
• A Modern Analysis Under California Law of Punitive Damages Available for an Insurer’s "Bad Faith," paper presented in Irvine, California (June 2004)
• Limiting a Paying Liability Insurer’s Total Loss Under California Law Through Policy Limits, Deductibles, Self-Insured Retentions, Allocation, Apportionment, Contribution, and Subrogation, paper presented in Irvine, California (January 2004)
• Strategies for Insurers Resisting the Prepackage Asbestos Bankruptcy Blitzkrieg, paper presented at FETTI Conference (October 2003)
• Analyzing Liability Insurance in Terms of Mold Coverage, published in Columns (September and October 2002)
• Common Pitfalls in the Assertion of the Sistership Exclusion as a Bar to Coverage Under Commercial General Liability Policies, paper presented at ABA Insurance Coverage and Internet Litigation Committees Mid-Year Meeting (March 2002)
• Analysis of the "Pay When Paid Defense" After Brown & Kerr v. St. Paul and Marine, published in IADC Newsletter, Fidelity and Surety Committee (July 1999)