Alexander Potente

Full Profile

Alex Potente is an experienced trial lawyer who represents insurers in complex commercial and insurance litigation matters, including coverage disputes pertaining to general liability and professional liability policies, the defense of consumer class actions against insurers, and bad faith coverage litigation. He handles complex coverage issues arising from mass-tort sexual and elder abuse, pollution (pollution liability and long-tail CGL/excess), product defects, public sector liability, business interruption, medical devices, and employment claims. Alex also represents insurance brokers in defense of professional negligence claims.

Chambers USA has ranked Alex for Insurance since 2018. Chambers reports that clients say Alex “is extremely helpful in analyzing potential coverage issues,” that “he is extremely smart, incredibly hard working, responsive, and a solid strategic thinker,” and that he “has a good presence and is sophisticated in his analysis.” Alex is a fellow for the prestigious American College of Coverage Counsel. He served as the chairperson of DRI cybersecurity and data privacy committee. Alex is a member of the FDCC.

Admissions

• California
• Washington
• Colorado
• New York
• Illinois
• US District Courts for the Central, Eastern, Northern and Southern Districts of California
• US District Court for the Western District of Washington
• US Courts of Appeals for the Third and Ninth Circuits

Education

• J.D., cum laude, Harvard Law School, 1997
• B.A., The University of Chicago 1993. Phi Beta Kappa.

Memberships

• American College of Coverage Counsel (ACCC), fellow
• Defense Research Institute (DRI)
• Federation of Defense & Corporate Counsel (FDCC)

Experience

• Won summary judgment for insurer in environmental coverage dispute regarding application of the sudden and accidental pollution exclusion. See 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 on the duty to defend in a lawsuit alleging the insurer breached its duty to defend a lawsuit filed against the plaintiff. Griffin Bros., Inc. v. Great American E&S Insurance Company (D. Ore. December 20, 2021).

• Won summary judgment for insurer in coverage dispute for $58,000,000 jury verdict.  Continental Casualty Company v. Platinum Training LLC, 2021 WL 3491948 (D. Ariz. August 9, 2021).
• Won summary judgment for insurer that unfair competition exclusion precludes coverage.  EP&A Envirotac, Inc. v. Great American E&S Insurance Company, 2021 WL 3779227 (C.D. Cal. July 27, 2021).
• Won motion to dismiss bad faith claim on ground that bad faith does not apply to reinsurers under California law.  Special District Risk Management Authority v. Munich Reinsurance America, Inc., 2021 WL 4443391, (E.D. Cal. September 28, 2021).
• Won arbitration regarding number of occurrences in sexual abuse matter.
• Represented insurance company in lender-placed insurance class actions at trial court and on appeal.  Leo v. Nationstar Mortgage LLC, 2019 WL 3822168 (D. N.J. August 15, 2019), aff’d Leo v. Nationstar Mortgage LLC, 964 F.3d 213 (3rd Circuit 2020).
• Represented insurance company in multi-state coverage litigation regarding claims for insurance coverage for over 2,000 allegedly defective medical devices.
• Represents insurance broker with regard to its errors and omission claims.
• Represented insurer as named defendant in putative federal class action regarding self-storage insurance program and won summary judgment at trial and on appeal.
• Litigated insurance coverage liability and bad faith claims arising from dry cleaner site; successfully arbitrated California Civil Code § 2860 fee dispute.
• Litigated and favorably settled insurance coverage action pertaining to coverage for molestation claims, including bad faith claims.
• Represented and favorably resolved claims for insurer in coverage dispute pertaining to Los Angeles area Superfund site on National Priorities List.
• Currently representing insurer regarding the liabilities of its insured, a dissolving trust, for the Portland Harbor Superfund site.
• Represented and favorably resolved insurance company in federal coverage and bad faith litigation regarding insurance coverage claims in connection with a landslide which killed many people, injured others and caused massive property damage.
• Litigated contribution action against non-defending insurer for serious bodily injury claim, which successfully resolved after litigation.  Great American Insurance Company v. Sequoia Insurance Company, 2017 WL 5643547 (C.D. Cal, August 21, 2017).

Presentations

• Moderator and co-panelist, “Insurance Coverage for Class Actions,” American Bar Association’s 2017 Insurance Coverage Litigation Committee CLE Seminar, Tucson, AZ, March 2017
• Co-presenter, “The Ever Changing Duty to Defend and How It’s Currently Leading to Bad Faith,” American Conference Institute’s Insurance Coverage & Extra-Contractual Disputes Conference, Philadelphia, PA, December 2016
• Moderator, “Developing Case Law in Cyber Liability” and “Transferring Risk From a Practical Perspective: Steps,” DRI Data Management and Security Seminar, Atlanta, GA, September 2016
• Co-presenter, “The Duty to Defend, Settlement Issues and Considerations,” Client Presentation, September 2016
• Co-presenter, “Recent Case Law Ruling Impacting Allocation,” American Conference Institute’s National Forum on Insurance Allocation, New York, NY, June 2016
• Presenter, “Habitability Claims and Coverage Issues,” client’s office, May 2016
• Co-presenter, “Representations and Warranties Insurance: Is There Coverage and Will Claims Be Paid?” Insurance Coverage CLE Seminar Roundtable, Tucson, AZ, March 2016
• Presenter, DRI Vice-Chair Special Liability Group and Steering Committee Member, DRI Data Management and Security Seminar, Chicago, IL, November 2015
• Co-presenter, “Recent Case Law Ruling Impacting Allocation,” American Conference Institute’s National Forum on Insurance Allocation, New York, NY, June 2016
• Co-presenter, “Data Breach and Liability Insurance: Managing the Potential Risk and Addressing Claims,” Commercial Law Web Advisor webinar, March 2015

 Publications

• Co-Author, "Products Pollution Liability Insurance: Another Bridge Spanning the Pollution Exclusion Coverage Gap," Environmental Claims Journal, February 2021
• Co-Author, "GDPR, Class Actions, TCPA Trends and More," DRI For the Defense, October 2018
• Co-Author, "The Ramifications of a Less-Than-Thorough Investigation," DRI For the Defense, October 2017
• Co-Author, "How to Handle Life Insurance Interpleaders," Law360, October 2012
• Co-Author, "Can an Insurer Defend A Bad Faith Claim Using Information It was Unaware of When Denying Coverage," Tort-Trial Insurance Committee News, January 2012
• Co-Author, "Hindsight in Bad Faith Insurance Litigation." The Recorder, August 2011