Albert K. Alikin

Albert K. Alikin is a highly experienced litigator who focuses his practice on counseling clients in complex insurance coverage and bad faith disputes involving E&O, D&O, fidelity, EPLI, automobile/UIM, property, cyber, and CGL policies. Al has prevailed in trial and appellate courts throughout California and across the nation. He has also represented a wide variety of insurance industry clients such as insurance brokers, agents, and third-party administrators in professional liability actions. His extensive coverage experience spans many industries including banking and financial services, commercial and residential real estate, construction, home and auto, education, energy, entertainment and film, government, health care, hospitality, manufacturing, and special events. Additionally, he has substantial experience litigating toxic tort, general liability, and breach of contract actions, including high-exposure bodily injury, wrongful death, and abuse cases.

Al provides comprehensive insurance coverage and litigation counsel to regional, national, and global insurers. He has an outstanding record of successfully representing clients in a variety of matters ranging from high-exposure bad faith claims to lawsuits alleging personal injury and property damage. A widely recognized authority on insurance topics, Al has authored numerous articles and publications on insurance coverage litigation, and is a frequent contributor to organizations such as the DRI and the ABA. Representative matters include:

• Represented a national insurer in numerous mediations, settlement negotiations, and appeal involving underlying bad faith setups in personal injury actions including several excess multimillion-dollar jury verdicts
• Represented a specialty insurer in coverage dispute over underlying solicitation, breach of contract, and trade secret claims between competing regional banks under E&O and D&O policies
• Represented insurer in insurance coverage and bad faith lawsuit brought by non-profit organization under specialty commercial non-profit property policy in connection with fire that involved complex issues of business income loss, extra expense, and period of restoration
• Represented a national insurance company in a first-impression insurance coverage dispute related to underlying privacy claims and lawsuits involving access to medical records stored by a large institutional dental network
• Successfully resolved a high-exposure bad faith lawsuit involving an excess insurer subrogating against a primary insurer over the denial of policy limits demand in the underlying action
• Represented a global insurance company in a massive insurance coverage dispute with a national bank over coverage for underlying class action lawsuits alleging unfair competition and fraudulent business practices related to overdraft fees based on the sequential posting of credits and debits in checking accounts resulting in favorable settlement
• Represented a large regional insurance company in a multifaceted insurance coverage action against a global parts manufacturer over coverage for underlying class action lawsuits in federal MDL alleging defective plumbing products
• Prevailed in subrogation trial involving two primary insurers disputing the interplay between insurance and indemnity contracts with local city and entertainment companies over liability from special event in city
• Prevailed in arbitration involving insurance coverage under EPL policies for three underlying class actions alleging violations of wage and hour laws against a nationwide restaurant chain
• Secured a favorable settlement in an insurance coverage dispute over coverage for an underlying breach of contract, breach of fiduciary duty, and disparagement lawsuit related to a $100 million real estate development project funded by major private equity firm

Al has represented clients such as international insurance brokers, online retailers, rare antique collectors, and beverage manufacturers on matters ranging from professional negligence claims to misrepresentation and false claims, false advertising and unfair competition, and breach of contract.

In one notable professional liability suit, Al prevailed on summary judgment on behalf of an international insurance broker facing professional negligence allegations of failure to procure proper inland marine policy that insured priceless video footage of a global celebrity.

In addition, Al has represented numerous private companies as outside general counsel for insurance policy audits, contract and exposure evaluations under indemnity agreements, labor and employment advice, and various other legal issues.

In the realm of toxic tort exposures, Al has successfully litigated matters involving asbestos, diacetyl, and benzene. Representative matters include:

• Defended auto parts retailer and supplier against plaintiff with mesothelioma alleging exposure to asbestos-containing friction products
• Defended plaster and drywall manufacturer against plaintiff with mesothelioma alleging exposure to asbestos-containing construction products
• Defended public utilities company against plaintiff with lung cancer alleging exposure to asbestos-containing pipes and sewage products
• Defended ink and printing manufacturer against plaintiff with leukemia alleging exposure to ink-erasing products that allegedly contained benzene
• Defended flavor manufacturer against plaintiff with bronchiolitis obliterans (“popcorn-lung disease”) alleging exposure to diacetyl from microwavable popcorn

Al has defended schools and teachers in actions involving allegations of harassment and child sexual abuse. In a recent case, Al’s defense motion for summary judgment was largely based on the mandated reporter issue, and that no one at the school had actual or constructive knowledge that the abuse was going on. The motion was still pending a decision when the case settled just prior to the Final Status Conference (FSC) right before trial for about 20 percent of the initial demand.