I have qualified as an expert in federal and state court on insurance company claims practices in many phases of insurance claims handling, including the property and casualty area in both the commercial and personal lines area, the duty to investigate insurance claims, and insurance company relations with panel and independent counsel. I have also testified on the standard of care in legal malpractice cases involving civiil litigation issues. I have also testfied on case settlement value. (See United States Fire Ins. Co. v. Button Trans., A108419, Cal Ct. Appeal, First Dist., Div Two, 4/26/06. Slip. Op. 19-24.) Please see www.kcehlaw.com
- Bad Faith
- Health/Medical/Disability Insurance
- Insurance Customs & Practices
- Legal Malpractice
- Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
- A: Certified in Civil Trial Law and Civil Pretrial Practice Advocacy, National Board of Trial Advocacy; National Trial Lawyers Organization, "Top 100" Trial Lawyers; Life Member, Multi-Million Dollar and Million Dollar Advocates Forum; Fellow, American College of Certified Attorney Specialists; Platinum Member, The Verdict Club; Charter Fellow, Litigation Counsel of America Trial Lawyer Honorary; Legends Society Top Lawyer (Personal Injury); Northern California Super Lawyer since 2006; Member of the Bar, U.S. Supreme Court; Member, California and Indiana State Bars; J.D. Hastings College of the Law, University of California, 1966; A.B. Indiana Unviersity (Government) 1961; Admitted all courts in State of California, including US District Courts of the Northern, Eastern, Cental and Southern Districts, and Ninth Circuit Court of Appeals; also US District Court, Southern District of Indiana; a.v. rated and received top rating of "5", the highest available rating since began from Martindale Hubbell rating service.
- Q: Please list your affiliations or memberships in any professional and/or industry organizations:
- A: California and Indiana Bar Association; American Bar Association; American Association for Justice; Consumer Attorneys of California; San Francisco Trial Lawyers Association; Member, San Francisco Bar Association
- Q: Please list any teaching or speaking experience you have had, including subject matter:
- A: Given over 500 presentations in CLE programs in 35 states, Canada, Mexico and the UK; Assistant Dean and Professor, Hastings College of the Law, 1970-72; adjunct teaching at Hastings, San Francisco Law School and Santa Clara University Law School; currently teaching CLE programs for the San Francisco Bar Association, California Continuing Education of the Bar and Judicial Technologies; co-author of two books: "California Practice Guide: Bad Faith," The Rutter Group, 1986; "Litigating Insurance Claims," Wiley & Sons, 1991. Author of "Negotiating and Settling Tort Cases: Reaching the Settlement," Thomson West and AAJ, 2007 with supplements in 2008, 2009 and 2011 and 3d ed. 2015-16. Authored over 150 published papers and law review articles.
- Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
- A: Not applicable
- Q: On how many occasions have you been retained as an expert?
- A: 40+
- Q: For what area(s) of expertise have you been retained as an expert?
- A: Insurance claims handling in all phases of insurance claims, commercial and personal, including CGL, D&O, property insurance, UM?UIM, medical insurance, and including the insurer's duty to investigate, compliance with "good faith" claims practices by insurers, statutes and regulations; standard of care in legal malpractice cases involving civil litigation issues; also testified on case settlement value and reasonable of settlement.
- Q: In what percentage of your cases were you retained by the plaintiff?
- A: 60% plaintiff
- Q: In what percentage of your cases were you retained by the defendant?
- A: 40% defense or insurer interests
- Q: On how many occasions have you had your deposition taken?
- A: 20+
- Q: When was the last time you had your deposition taken?
- A: 2019
- Q: On how many occasions have you been qualified by a court to give expert testimony?
- A: 15+
- Q: On how many occasions have you testified as an expert in court or before an arbitrator?
- A: 15+
- Q: For how many years have you worked with the legal industry as an expert?
- A: 20+
- Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
- A: Consulting and expert witnessing.
- Q: What is your hourly rate to consult with an attorney?
- A: 565 in office; 675/hour for deposition and trial.
- Q: What is your hourly rate to review documents?
- A: Same
- Q: What is your hourly rate to provide deposition testimony?
- A: Same
- Q: What is your hourly rate to provide testimony at trial?
- A: Same
- Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
- A: Travel, out of pocket expenses, office expenses.
- United States Fire Insurance Company v. Button Transportation, Inc.
- A Modern Day David Versus Goliath Story: An Insurance Company Defeated In Effort To Deny Small Businessman's Claim
- "Bad Faith" Claims Handling Leads to Punitive Award Against An Insurance Company Providing Uninsured Motorist Coverage
EXPERT WITNESS CASES: Depositions and Trials
The following are the cases in which Mr. Kornblum has
either testified or given a deposition in the past several years:
Button Transportation Co. v. U.S. Fire Ins. Co. Solano County
Superior Court. Testified on behalf of plaintiff insured against carrier
providing CGL and Auto Liability coverage to a truck line relating to
shipment of almonds which became contaminated. Deposition and trial
testimony (September 2004). Verdict for the plaintiff.
Note: In the appellate opinion affirming the judgment, Mr. Kornblumís
testimony as an expert was quoted extensively to support the claim of ìbad
faith.î (See Articles for copy of the appellate court opinion, pp. 19-24.)
Osborn v. Leader Ins. Co.: U.S.D.C., Northern District, California, the
Honorable Vaughn Walker. Insurance bad faith case involving uninsured motorist
claim. Mr. Kornblum testified on insurance company ìgood faithî claims practices
for the plaintiff (August 11, 2003). Verdict for plaintiff, $1 Million compensatory
damages; $1 Million punitive damages.
Clemco v. TIG - San Mateo Superior Court: deposition and trial testimony
in insurance coverage and bad faith case involving toxic torts. Mr. Kornblum
testified for plaintiff against insurer on bad faith issues. Result not known.
Wild, Carey, et al. v. Fife - San Francisco Superior Court: deposition and trial
testimony as an expert on legal malpractice involving insurance coverage and
settlement ofnegligence/intentional tort case; testified for the lawyer defendant.
Verdict for the defendant.
First State v. 3M - Hennepin County Circuit Court, Minneapolis, Minnesota:
deposition only; complicated insurance coverage for defense of numerous breast
implant cases involving coverage, insurance practices and bad faith allegations.
Testified on insurance issues and claims practices for the plaintiff, 3M. Result not known.
Hartford Ins. Co. v. Hawkins, Schnabel ñ Los Angeles Superior Court; deposition
and trial testimony (May 2000) on behalf of defendant law firm and lawyers; complicated
case by client against lawyers arising out of lawyersí representation of another client in
which Hartford was an adversary. Testified on insurance and lawyer duty issues. Case
settled while jury deliberating.
Smith v. Arnold: San Diego Superior Court. Legal malpractice case. Mr. Kornblum
testified at deposition as an expert on the standard of care for an attorney defendant
who was sued for legal malpractice resulting from the settlement of a bad faith case.
The case settled before trial.
Phillips v. Bowles & Verna: Contra Costa Superior Court. Legal malpractice case.
Mr. Kornblum testified for the defendant attorneys on the standard of care applicable
to the attorney defendants who were sued in connection with representation of the plaintiff
in a first-party insurance bad faith. Mr. Kornblum testified both at deposition and trial
(April 30, 2002). Verdict for the defendant lawyer.
Black v. Blue Cross: LA based arbitration. Mr. Kornblum testified for Blue Cross
at arbitration on the history and application of the implied covenant of good faith and
fair dealing, and the conversion of a contract to a tort claim using this legal concept in
connection with various insurance company-insured relationships (December 2003).
Gulf Ins. Co. v. Sedgwick Detert Moran & Arnold: San Diego Superior Court. Mr.
Kornblum testified at deposition on behalf of law firm sued for legal malpractice in
connection with the handling of a coverage matter involving E&O policy for a real
estate financing and brokerage firm (September/October 2004). Case settled before
Boto Design Co. v. General Ins. Co., Dade County Circuit Court (Miami, Florida,
Summer 2005): Mr. Kornblum testified as an expert on California personal injury law
in a case involving various claims of reimbursement after a serious brain damage injury
case settled. Deposition only given.
Mr. Kornblum has also been cited as a legal authority by the California
Supreme Court in Adams v. Mrakami, 813 P. 2d 1348, 1359.
Please contact Mr. Kornblum's office for later cases.