Don A. Lesser Attorney

First Admitted: 1984, California

Professional Webpage: https://www.lessergroup.com/About/Don-A-Lesser.shtml

Bar/Professional Activity:

Admitted to practice in all state and federal California courts.
Sacramento Bar Association, 2018 - present
Bar Association of San Francisco Insurance Law Committee. Panelist on March 2018 program on Cyber Liability and Insurance Coverage.
San Francisco Trial Lawyers Association, 2014 - present. Panelist in November 2016 program titled Strategies for the Plaintiff Lawyer When a Carrier Refuses to Settle, Pay or Defend.

Verdicts/Settlements (Case Results):

Recovered 100% of the client's claim for a Southern California school district in a coverage/bad faith suit against its excess workers' compensation insurance carrier.
Successfully defended a professional liability insurer's federal court rescission suit against its insured doctor, obtaining a settlement in which the insurer withdrew its alleged rescission, dismissed the case and paid the insured/client's costs of defending an underlying malpractice claim., 2023
Successfully defended a staffing agency against its insurer's federal court suit seeking reimbursement of defense costs and an order permitting it to withdraw its defense of an underlying employment-related claim. In a 3-way mediation with the insurer and the plaintiff in the underlying case, we secured an agreement in which the insurer paid 100% of the cost of settling the underlying claim and waived its claim for reimbursement. , 2023
Recovered the client's full seven-figure policy limits in settlement of a liability insurer's federal district court rescission action, which also triggered availability of multi-million dollar excess coverage., 2023
As insurance recovery counsel for an international hotel owner/operator, we mediated a coverage dispute with the client's primary and excess general liability insurers over an exclusion they claimed barred coverage for an aircraft accident and alleged limits on defense cost coverage. We recovered 75% of the client's seven figure settlement costs and 100% of defense costs without the need for coverage litigation.
Won $50 million judgment against a group of Directors’ & Officers’ Liability insurers that refused to defend or indemnify our client, the founder of a Southern California computer retailer.
Representing a Southern California commercial real estate developer, we convinced the client's insurer under an Employment Practices Liability Policy to reverse its withdrawal of the defense, settle the claim and abandon its defense cost allocation arguments.
Representing a publicly traded Northern California technology company in a Chapter 11 bankruptcy proceeding, we obtained a seven figure recovery against a group of insurance carriers that unlawfully rescinded the client's primary and excess D & O policies based on alleged misrepresentations in financial statements the client submitted when obtaining the coverage.
With co-counsel we prevailed at trial, and secured a seven figure attorney's fees award, in a multi-million dollar dispute over the renewal terms of a San Francisco restaurant lease.
For a Bay Area health care district, we convinced the client's D&O insurer to reverse its denial of coverage based on a contractual liability exclusion.
For a Bay Area labor union, we recovered 90 percent of the client's judgment against the insured of a London-based non-admitted insurer after defeating the insurer’s summary judgment motion on coverage.
Settled for nuisance value a multi-million dollar “reimbursement” claim by an insurer of a Southern California private equity firm based on coverage issues we defeated on cross-motions for summary judgment.
Representing a major San Francisco law firm, we convinced the firm's professional liability insurer to reverse its withdrawal of its defense of a malpractice claim against the firm and secured the insurer's settlement of the claim.
Obtained a six-figure recovery from a title insurer for a North Bay homeowner whose insurer refused to defend or indemnify against the loss.
For a Southern California general contracting firm we obtained a seven-figure recovery from the client's commercial liability insurance carriers for their denials of coverage for construction defect claims on a community college expansion project.

Representative Clients:

Current and recent clients include a large restaurant products distributor, an international hotel owner/operator, a large defense contractor, school districts, private equity and venture capital firms, medical and dental practices and hospitals, real estate companies, banks and other lenders, restaurants and wineries, computer retailers, software companies including a Fortune 500 company, insurance brokers, insurers, law firms, broker-dealers and financial advisors, engineering firms, a staffing agency and construction companies.

Pro bono/Community Service:

Attorney Volunteer, United Policyholders (2014 - present). Currently providing pro bono assistance to victims of the 2017 and 2019 wildfires in Sonoma, Napa and Butte Counties.
Speaker at multiple public workshops and town halls regarding wildfire insurance recoveries and wildfire preparedness
Professional Responsibility Attorney - Legal Aid of Marin (2014-2015)
Attorney volunteer, Marin County Superior Court Bench/Bar Settlement Conference Program, 2015 - present.
Fee Dispute Arbitrator, Sacramento and Marin County Bar Associations (2013 - present)
Trustee and Board President, Montessori de Terra Linda, San Rafael, CA from 2013-2017.

Honors/Awards:

AV Preeminent Rating each year since 2006, AV Preeminent Rating, Martindale Hubbell

Educational Background:

University of California, Los Angeles, B.A., Political Science, 1978

Scholarly Lectures/Writings:

I have written and lectured on numerous topics in the insurance and lawyers' professional liability fields.

Firm News (Newsletters):

Insurance Law Developments

Industry Groups:

Automotive
Construction
Defense Contractors
Financial Services
Hospitality
Insurance Brokers/agents
Law And Accounting Firms
Medical
Product Distributors
Real Estate
Retailing
Technology
Wineries

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