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Los AngelesCalifornia(CA) Yuter, Alan B. personal infomation and areas of practice

Lawyer name:Yuter, Alan B.
Address:11766 Wilshire Boulevard Sixth FloorLos Angeles,CA
Phone:310-694-5374
Fax:310-473-2525
PostalCode:90025 -6538
WebSite:http://www.selmanbreitman.com/
Areas of Practice:Insurance Litigation ,Admiralty & Maritime, Business & Commercial, Insurance, Litigation

California Los AngelesSelman Breitman LLP attorney Yuter, Alan B. is a Very good lawyer practice area in Insurance Litigation ,Admiralty & Maritime, Business & Commercial, Insurance, Litigation & Appeals, Transportation,Selman Breitman LLP

if you have any problem in & Appeals, Transportation,please email to Selman Breitman LLP or call 310-694-5374 or Go to our company directly(addr:11766 Wilshire Boulevard Sixth FloorLos Angeles,CA) ,we will provide free legal advice for you.

Alan Yuter specializes in representing insurers in coverage and bad faith litigation arising from all types of insurance policies. Mr. Yuter also has extensive experience in handling matters before the Court of Appeal. He has taken numerous examinations under oath and has supervised investigations on suspected insurance fraud. Mr. Yuter has a degree in economics from Cornell University and received his law degree from Georgetown University Law School in 1981. He has practiced law in California continuously since that time. He is admitted in all courts in California, including all federal courts and the Ninth Circuit Court of Appeals. Mr. Yuter has testified as an expert witness on insurance matters, including insurance coverage and claim handling issues. He has also acted as an arbitrator of insurance disputes. Mr. Yuter has numerous appellate decisions including many decisions published by the California Court of Appeals and the California Supreme Court. Each of the published decisions has developed important principles in California insurance law. The decisions have been cited numerous times by other appellate courts, and Mr. Yuter continues to enjoy helping to shape California law in the insurance field.
Representative MattersLitigation
? Successfully defended an appeal from summary judgment entered in favor of client, defendant insurance broker, in a suit for professional negligence. The matter arose from the broker's alleged failure to obtain appropriate errors and omissions coverage for the plaintiff's participation in the construction of a large utility plant, based on application of the two-year statute of limitations stated in Code of Civil Procedure Section 339(1).
? Successful litigation of an insurer's right to intervene in a lawsuit against its insured, in order to present defense of defaulted insured. Court of Appeal accepted writ, ordering Superior Court to show cause why intervening insurer cannot present all defenses at trial.
? Trial counsel in a jury trial involving claims for breach of contract and bad-faith refusal to pay a judgment arising out of the death of a minor. At the conclusion of plaintiff's case in chief, the court granted client's motion for directed verdict. Legal issues involved the interpretation and application of an "Assault and Battery Exclusion" in the subject policy, viability of judgment creditors' claim for bad-faith refusal to pay judgment and defenses available to defendant insurer against assignee of insured's rights under policy.
? Successfully defended an appeal from summary judgment entered in favor of insurance company client on the premise that it did not have a duty to defend or indemnify its insured based upon a Named Driver Exclusion. ? Obtained directed verdict on no duty to defend the insured, an armed security guard company, when its employee shot and killed a 19-year-old man on the premises of an apartment complex that had hired the insured, based on the assault and battery exclusion.
? Suit against real estate Errors & Omissions carrier was successfully resolved in a Cumis dispute brought by a real estate broker and broker's attorney.
? Judgment was obtained in favor of commercial auto insurer after it was demonstrated that insurance application misrepresented the nature of the insured's business. Federal Court ordered other insurer to pay judgment against insured in full.?
? Judgment was obtained in favor of insurer and insurer's general agent in coverage dispute arising from attempt to add additional insured after loss had occurred. Judgment was affirmed on appeal.?
? Represented insurer in coverage dispute regarding class action brought by copyright holders against major media company. Settlement of case involved resolution of contribution claims with other carriers insuring media company over a span of 20 years.?
? In a case of first impression in Missouri, the Court of Appeals reversed a lower-court ruling and held that our excess insurer client was entitled to pursue a primary insurer for bad faith failure to settle. The Court of Appeals also re-defined the tort of bad faith failure to settle generally in Missouri, as well well as setting forth the essential elements of an excess insurer's claim against a primary carrier for a bad faith failure to settle under the doctrine of equitable subrogation.
Published CasesLitigation
? Adams v. Explorer Ins. Co.In this case, the California Court of Appeal upheld judgment in favor of Explorer Insurance Company on the basis that the policy lapsed prior to loss due to non-payment for premium.? In essence, the Court ruled that an insurer's notice of cancellation for non-payment is effective despite post notice payment to his agent.? Further, the Court held that any error on behalf of the insurer stating the amount of past due premiums did not render its Notice of Cancellation ineffective.? Finally, the Court determined that an endorsement request did not, in and of itself, become a binder of new insurance as argued by the insured.? The Court reasoned that an endorsement request is not a new policy, but instead it is simply added to the main policy.? As such, any endorsements added to the main policy would be cancelled as well.
? Construction Protective Services, Inc. v. TIG Specialty Ins. Co.Selman Breitman represented an insurer which had issued a Comprehensive General Liability policy before the California Supreme Court.? The Supreme Court agreed with Selman Breitman that the Court of Appeal had erred in finding that a defendant may not obtain an award of affirmative relief against a plaintiff by way of a set-off against a demand for money.? Rather, the defendant may only assert the set-off defensively to defeat the plaintiff's claim in whole or in part.? The Supreme Court declined to decide the substantive issue as to whether a set-off claim could be covered under the specific terms of the TIG policy as the plaintiff had failed to prove the terms of the policy
? Insua v. Scottsdale Ins. Co.Obtained full affirmance of the judgment in favor of the insurer client following a court trial.? Successfully argued that the insurer was not obligated to pay pre-tender amounts incurred by the insured, regardless of whether it could show "prejudice" (as in late notice cases).
? Maxwell v. Fire Ins. ExchangeSelman Breitman represented an insurer that was sued by a judgment creditor for bad faith delay in satisfying a judgment against its insured.? The insurer paid the balance due on the judgment, including accrued interest, eighty-one days after the payment was due.? Selman Breitman obtained summary judgment for the insurer, and on appeal, successfully argued that a delay in paying policy benefits, resulting in a loss of use of the funds, does not satisfy the economic loss requirement for a viable bad faith claim.? In addition, the court declined to follow the decision in Hand v. Farmers Ins. Exchange (which, as a matter of first impression, permitted a judgment creditor to sue an insurer for bad faith) to the extent it might be deemed inconsistent with its decision.
? Scottsdale Ins. Co. v. MV Transp.Obtained California Supreme Court review of the Court of Appeal's decision that insurer client could not seek reimbursement of defense costs it paid under a reservation of rights but was ultimately found not to have owed as a matter of law.? The Supreme Court agreed with our argument that in keeping with the seminal Buss v. Superior Court (Transamerica Ins. Co.) (1997) 16 Cal.4th 35 decision and principles of equity, insurer client was entitled to full reimbursement of defense costs it never owed.
? Western Heritage Ins. Co. v. Superior CourtOn behalf of insurer client, Selman Breitman intervened in liability action against the insured health care provider and its employee after the employee defaulted.? After the trial court ruled that insurer could defend the damage but not liability claims against the insured in default, filed a successful writ petition overturning the ruling.? The Court of Appeal issued a published decision providing an invaluable roadmap for insurers seeking to intervene when their insured is in default or is otherwise unable or unwilling to participate in the defense of a liability action (e.g., due to a suspension of corporate powers for failure to pay franchise taxes).? The Court of Appeal's decision states that intervening insurers may defend against both damage and liability claims against the absent insured, that the default is not binding on the other parties even if they are alleged to be vicariously liable, and that an insurer defending under a reservation of rights has no "conflict of interest" precluding its defense of claims against the absent insured.
? Belmonte v. Employers Ins. Co.Selman Breitman represented an insurer which had issued a Commercial General Liability policy.? The insurer disclaimed coverage, asserting that an auto exclusion applied to a claim of negligence in failing to safeguard premises to keep car keys from unauthorized persons.? The Court of Appeal found in favor of the insurer and ruled that an auto exclusion applies to a premises liability claim based upon the failure to safeguard keys.? Furthermore, the court ruled that the auto exclusion was not limited to use of the vehicle by a named insured.
? Downey Venture v. LMI Ins. Co.Selman Breitman represented a commercial general liability insurer which had issued a policy expressly insuring malicious prosecution.? Selman Breitman successfully argued that coverage for malicious prosecution, although included in the standard form CGL policy, was against public policy in California.? Therefore, LMI Insurance Company was permitted to recover the full amount of its settlement as against the insured Downey Venture.
? Scottsdale Ins. Co. v. Addison Ins. Co.In a case of first impression in Missouri, the Western District Court of Appeals held SB's excess insurer client was entitled to pursue a primary insurer for a bad faith failure to settle.? The primary insurer had rejected several demands to settle a wrongful death action within its $1 million primary limits.? Eventually, SB's excess insurer client became involved and contributed $1 million to the ultimate $2 million settlement.? The primary insurer also paid $1 million toward the settlement.? SB's client then sued the primary carrier for a bad faith failure to settle within its $1 million policy limits under, inter alia, an equitable subrogation theory.? The trial court granted summary judgment to the primary insurer, holding excess carriers have no right to pursue primary carriers for a bad faith failure to settle in Missouri.? The Court of Appeals reversed.? It observed that a majority of jurisdictions recognize an excess carrier's right to pursue a primary carrier for a bad faith failure to settle under the doctrine of equitable subrogation.? Further, such a rule prevents primary carriers from escaping the consequences of their bad faith failure to settle and encourages settlement.? Notably, the Court of Appeals re-defined the tort of bad faith failure to settle generally in Missouri, as well as setting forth the essential elements of an excess insurer's claim against a primary carrier for a bad faith failure to settle under the doctrine of equitable subrogation.
Noteworthy
Mr. Yuter is an avid tennis player and skier.
California, 1981 U.S. District Court Southern District of California U.S. District Court Central District of California U.S. District Court Northern District of California U.S. District Court Eastern District of California U.S. Court of Appeals 9th Circuit
Georgetown University Law Center, Washington, District of Columbia, 1981J.D. Cornell University, 1978B.A.Major: Economics
Selman Breitman was founded in 1980, and is now comprised of more than 100 lawyers in five offices in California and Nevada. We are dedicated to addressing and solving a wide variety of legal issues for our clients to assist them in achieving their business objectives. Our litigation and transactional skills enable us to maintain exemplary standards of practice. We understand that we are a service organization as well as a provider of legal expertise, and we work collaboratively with our clients to meet their business goals.
Our firm has been instrumental in defining some of the most important issues in the insurance industry through our work in trial and appellate courts in California and throughout the United States. We provide a full spectrum of consulting and litigation services relating to insurance matters. We also handle a wide range of general liability defense matters as well as complex business litigation for various types of clients, including sole proprietorships, mid-sized firms, and large, sophisticated technology companies. We work to keep our clients out of court, but are prepared to bring our talent and resources to the courtroom when a client's business success depends on aggressive and result-oriented litigation. This philosophy has led to recognition of the firm as one of the leading law firms in the western United States.

Selman Breitman LLP & Joy Attorneys

Insurance Litigation ,Admiralty & Maritime, Business & Commercial, Insurance, Litigation & Appeals, Transportation legal template form download

Checklist Documents To Bring To Your Attorney Notice Of Impending Litigation After Unproductive Arrangement Announcement Of A Change In Health Benefits Coverage Notice Of Insurance Claim Notice Of Impending Litigation After Unproductive Arrangement Notice Of Intent To Exercise Warehouse Lien By Auction

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