Neil S. Lerner Attorney

First Admitted: 1988, California

Professional Webpage: http://cwlfirm.com/members/neil-s-lerner/

Bar/Professional Activity:

Appointed to California's Admiralty and Maritime Law Advisory Commission, expired in February 2018.
State Bar California, Admiralty Law Specialist Certification Program, expired February 2018.

Verdicts/Settlements (Case Results):

Perez v. Pacific Crane Maintenance, et al., Case No. NC 042866, Hon. Judith A. Vander Lans Presiding, 2011
Trial-Defense Verdict, Unfair Business Practices-Maritime Law-Pacific Adventure Cruises Inc., v. Sea Planes, Inc. Verdicts & Settlements, LA Daily Journal, August 29, 2008
Marine Insurance Judgment-Pacific Insurance v. Kent, 120 F. Supp. 2d 1205, 2000
Insurance policy time for suit provision upheld. Grober v. Markel American Insurance Co., 2006 Cal. App. Unpub. LEXIS 8090, 2006
People ex rel. Harris v. Pac Anchor Transportation., Inc
Maritime law applied to uphold settlement after mini-trial. In the Matter of the Complaint of Bruce Gibson, 2009 AMC 2249, 2009
Marine insurance rescission. N.H. Ins. Co. v. C'Est Moi, Inc., 519 F.3d 937, 2008 U.S. App. LEXIS 5836, 2008 A.M.C. 931, 2008
Trial and appeal-Verdict for rescission of marine insurance policy. Cigna v. Polaris Pictures Corp., 159 F.3d 412, 1998
Elimination of tort of bad faith denial of contract. Freeman & Mills, Inc. v. Belcher Oil Co., (co-counsel) 11 Cal. 4th 85, 44 Cal. Rptr. 2d 420, 900 P.2d 669, 1995
Victory in a five week jury trial in Superior Court, San Diego, Department C-71, Case No. 37-2008-00090249, Hon, Ronald S. Prager presiding, 2010
Commercial marine open cargo insurance policy coverage requires proof of actual physical loss. Meridian Textiles, Inc., v. Indemnity Insurance Company of North American, 2008 AMC 1411. , 2008
June 24, 2009. Admiralty jurisdiction established. In re the Matter of the Complaint of Mission Bay Jet Sports, LLC., 570 F.3d 1124, 2009
Appeal win in case of Brandwein v. Butler et all, Case # D059413, Court of Appeal, Fourth District, Division One, upholding several fundamental principles of maritime law issued August 9, 2013
Trial- Verdict for rescission of marine insurance policy., Markel American Insurance Company v. Fitt, 528 F. Supp.2d 1010., 2007
Trial and appeal, motor carrier litigation. TOBIAS RENTERIA, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. K&R TRANSPORTATION INC., a California corporation; 423 F.3d 1079, 2004
One occurrence rule applied to multiple thefts under an inland marine motor truck cargo policy. Budway Enterprises, Inc. v. Federal Insurance Company, 2009 WL 1014899, 2009
Marine insurance rescission and voiding granted for misrepresenting and concealing material facts on the insurance application. Markel American Insurance Company v. Woolard, 2007 AMC 2597, 2007

Representative Clients:

Markel American Insurance Company
Harbor Breeze Cruises
Princess Cruise Lines
Chartis Marine
Chubb Group of Insurance Companies
Cal Cartage Corporation
Travelers Insurance
Boat U.S.

Special Licenses/Certifications:

Certified Legal Specialist in Admiralty and Maritime Law by the State Bar of California, April 5, 2012, expired February 2018

Honors/Awards:

AVVO rating "Superb", 2012
ExclusiveTransportation Law Expert, California, The Global Law Experts, 2015
Selected to Southern California Super Lawyers, 2015
Appointed in April 2015 to February 2018. , State Bar Admiralty and Maritime Law Commission, 2015
Selected to Southern California Super Lawyers, 2013
Selected to Southern California Super Lawyers, 2016
Selected to Southern California Super Lawyers, 2012
Best Maritime Law Firm-California, Corporate America, Legal Elite Award, 2015
Selected to Southern California Super Lawyers, 2014
Designated a Top 100 Civil Defense Litigators for Southern California, Top 100 Civil Defense Litigators, 2018

Educational Background:

Bristol University (UK), B.A., Honor's Program of Political Study, Bristol England, 1980
Tulane University, B.A., Political Science, 1982

White Papers:

In the port trucking sector, for more than thirty years, California, at the behest of the International Brotherhood of Teamsters, has sought to impose a state policy favoring the use of employee drivers over independent contractor drivers on motor carriers. To date, those efforts have been thwarted by a federal law that prohibits states from regulating motor carriers, which was specifically enacted to preempt an early California effort to impose that very policy. Thus, any current state enforcement action is preempted and unconstitutional. (Available upon request), CALIFORNIA’S ONGOING UNCONSTITUTIONAL INTERFERENCE IN PORT TRUCKING, (Preemption And Transportation), 2012

Scholarly Lectures/Writings:

Speaker, Admiralty Law, Fort Lauderdale Mariners Club Annual Seminar, 2008
Speaker, Insurance Fraud, NHCAA (Institute for Health Case Fraud Prevention), 2008
Speaker, Transportation Law, Transportation Law Association Annual Conference, 2007
Speaker, Marine Claims, Markel American Insurance Company Seminar, Cabo San Lucas, 2007
Speaker, Marine Insurance Fraud, International Association of Marine Investigators, 2005
Speaker, The Rex DeGeorge Case, Houston Marine Insurance Seminar, 2004
Honorary Speaker, State of Texas House of Representatives, 2004
Speaker, Marine Insurance Fraud, International Association of Special Investigations Unit (IASIU), 2003
Speaker, The Rex DeGeorge Case, IAMI, 2003
Speaker, Maritime Law, Marine Underwriters of Southern California, 2000
Speaker, Marine Insurance, American Marine Insurance Forum, 1999
Speaker, Rescission of Marine Insurance Case Study, Board of Marine Underwriters of San Francisco, 1998
Speaker, Seattle Marine Claims Association, "Pirates on the High Seas: New Risk, Old Risk or Fraud Risk?", 2010
Speaker, San Francisco Marine Claims Association, "The Effective Use of Plicy Rescission in Litigating Marine Coverage Disputes" , 2012
Panel Participant, Markel American Marine Insurance Defense Summit, 2010
Author of (high seas) true crime book entitled "An Act of Piracy," about the Rex DeGeorge maritime-legal drama, scheduled to be published, under a publishing contract, by New York book publisher Morgan James Publishing, www.anactofpiracy.com
Speaker, CNA/U.S. Marine Claims, "The Role and Effective use of Policy Rescission in Litigating Marine Coverage Disputes", 2011
Panel Participant, Markel American Marine Summit, invitee of Markel to participate in roundtable discussions about legal, insurance and maritime issues, 2012
Panel participant, International Association of Marine Investigators, 22nd Annual Training Seminar, 2012
Speaker, "Suggested Procedures For A Marine Terminal Incident" Long Beach, California, 2011
Panel participant, Markel Claims Counsel at the DRI seminar in NYC, "Recent trends in California Insurance Law," December 5th, 2012

Other Outstanding Achievements:

"Special Tribute to America's Best Lawyers," produced by Sky Radio Network and broadcast on the Forbes Radio Channel on American Airlines, featured guest interviewed on air
"Meet American's Best Lawyers-LA's & OC's Finest," KTLK AM 1150

Firm News (Newsletters):

The International Fraud Update Newsletter, “Strictly by Accident,” page 2, by Neil S. Lerner
National Association of Fraud Investigators Newsletter, “Fraud: A Success Story,” page one, by Neil S. Lerner
Los Angeles Business Journal, “The case against fraudsters,” page 46, by Neil S. Lerner
Fraud Focus Magazine, “Swamped with Suspicion, How Cigna Trumped the Boat Bully Who Sank One Yacht Too Many,” page 4, by Neil S. Lerner

Industry Groups:

Admiralty And Maritime Law Advisory Commission (until 2/2018)
Maritime Law Association
Transportation Law Association

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