Brian Harrison

Full Profile

Brian Harrison has extensive experience representing insurer clients in a variety of litigated and non-litigated matters involving complex insurance coverage disputes, extra-contractual claims and statutory violations of the insurance code. He provides coverage advice, serves as monitoring counsel and/or litigates insurance disputes arising out of a variety of insurance policies, including commercial crime, directors and officers liability, employment practices liability, commercial general liability, and excess liability in jurisdictions across the United States. He has successfully represented his clients’ interests in litigation and arbitration, saving them from unnecessary payouts they do not legally owe.

Admissions

• California
• US Court of Appeals for the Ninth Circuit
• US District Courts for the Central, Eastern, Northern and Southern Districts of California

Education

• J.D., Santa Clara University School of Law, 1991
• B.A., University of California at Santa Barbara, Biological Sciences, 1987

Memberships

• California State Bar Association
• San Francisco Bar Association
• Professional Liability Underwriting Society

Experience

• M.A. et al, v. Kiwanis International, et. al, Cause No. 18-2-06475-4 (July 29, 2023).  Obtained very favorable reasonableness determination for insurer client of 20 covenant judgment settlements following multi-day hearing. 
• Arrowood Indemnity Company v. City of West Sacramento, No. 2:21-cv-00397 WBS JDP, 2022 WL 118566, at *1 (E.D. Cal. Jan. 12, 2022). Won summary judgment for insurer in environmental coverage dispute regarding application of the sudden and accidental pollution exclusion.
• Motiva Enterprises LLC v. National Fire & Marine Insurance Company, CGC-18-567207 (Cal. Ct. App. IDCA 2022). Obtained summary judgment in the trial court, and affirmed in the California Court of Appeal, in favor of insurer client that the asbestos exclusions in the primary policy and in the client’s excess policy applied.
• Kerrins v. Scottsdale Ins. Co., 4:13-CV-04266-EMC (N.D. Cal. 2014). Litigated and favorably settled coverage and bad faith action for an insurer client arising out of claims for coverage against alleged deceptive and unfair lending practices under a business and management indemnity policy.
• XL Specialty Ins. Co., et. al. v. Michael Perry, et. al., 2:11-CV-2078-RGK (JCG) (C.D. Cal. 2014) and related Ninth Circuit Court of Appeal, Case Nos. 12-56275, 12-56296, 12-56311, 12-56337, 12-56347 and 12-56350. Litigated and favorably settled breach of contract and bad faith actions after obtaining summary judgment in favor of a D&O insurer client for claims arising out of the failure of a major bank.
• Fremont Reorganizing Corp. v. Federal Ins. Co., Continental Ins. Co., SAC 09-01208 JVS (C.D. Cal. 2013) and related Ninth Circuit Court of Appeal, Case No. 12-55345. Litigated and favorably settled breach of contract and bad faith action brought by a regional bank after obtaining summary judgment in favor of an excess fidelity bond insurer client.
• Continental Towing, Inc. v. State Compensation Ins. Fund, MSC 11-02113 (Contra Costa County Sup. Ct. 2013). Obtained a dismissal with prejudice after filing a motion for summary judgment on behalf of a casualty insurer client that denied coverage under a workers’ compensation exclusion for a civil suit.
• SWH Corporation d/b/a Mimi’s Café v. Philadelphia Indemnity Ins. Co., AAA Case No. 72 195 Y 00100 09 TNM (2010). Prevailed at arbitration on behalf of an EPL insurer client after panel determined that the policy’s FLSA exclusion did not apply to claims for wage and hour and meal and rest break violations.
• Fashion Life, Inc., et al. v. Zurich American Ins. Co., CV 09-5305 DSF (CWx) (C.D. Cal. 2010). Obtained summary judgment in favor of a D&O insurer client on the grounds that the reporting of the claim did not comply with the policy’s claims made and reporting requirements.

Presentations

• “Trends in D&O and EPLI Litigation: Rates and Allocation; Insured v. Insured Exclusion; Breach of Contract Exclusion and Wrongful Acts; and Restitution v. Covered Loss,” Client CLE Presentation, New York, New York, June 2016
• “Recent Insurance Industry Developments and Their Impact on Workers’ Compensation,” Client Presentation, Anaheim, California, March 2014
• “Insurance Coverage for Wage & Hour Claims in Class-Action Lawsuits,” ABA TIPS Insurance Coverage Litigation Committee’s 22nd Annual Mid-Year Meeting, Phoenix, Arizona, February 2014
• “Additional Insureds: Who’s on First?” HB Litigation Insurance Allocation Strategies Conference, Los Angeles, California, October 2013

Publications

• “Overview of Changes in California Insurance Law for 2011,” The San Francisco Daily Journal, January 2011