David M. PlouffDavid Plouff Clark Hill
David M. Plouff
David’s practice focuses on insurance coverage and insurance litigation. In the area of insurance coverage, David has drafted numerous coverage opinions pertaining to commercial general liability policies issued to general contractors and subcontractors in connection with property damage in construction defect claims. Other coverage opinions have involved liability claims on policies issued to homeowners, entertainers, municipalities, schools and state employees. With respect to litigation, David also represents insurance companies in defense of insurance bad faith lawsuits and in prosecution/defense of lawsuits with other carriers for contribution, subrogation and declaratory relief.
David has extensive experience in all phases of the civil litigation process beginning with the filing of initial and responsive pleadings through discovery and trial. He has conducted trials in state court and has had primary responsibility for preparing approximately 20 other cases for trial in state and federal court.
- Axis Surplus Insurance Company v. Glencoe Insurance Ltd., (2012) 204 Cal.App.4th 1214
- Burns et al. v. California Fair Plan et al., (2007) 152 Cal.App.4th 646
- Co-author, Morris Polich & Purdy's California and Nevada Insurance Coverage Newsletter, 2017 Vol.2
- "Standard Property Damage Exclusions Bar Coverage for Damage to the General Contractor’s Project"
- "Insurer’s Negligent Failure to Accept a Settlement Offer is not a Bad Faith Breach of the Duty to Settle"
- "No Duty to Indemnify Where Insured Settled without Obtaining Insurer’s Prior Written Consent"
- "'Insured Versus Insured' Exclusion Bars Coverage for Claims by Receiver Against Bank Officers"
- "Financial Services Exclusion and Insurance Code Section 533 Bar Coverage for Fraudulent Mortgage Modification Program"
- "Insurer’s Motion for Judgment on the Pleadings Was Denied Because Its Refusal to Accept a Policy Limits Settlement Demand was not Objectively Reasonable"
- Co-author, Morris Polich & Purdy's Environmental Law Newsletter, February 2017, "Duty to Defend in Environmental Contamination Lawsuit Because 'Sudden and Accidental' Exception to Chemical Discharge Exclusion Applied"
- Co-author, Morris Polich & Purdy's California and Nevada Insurance Coverage Newsletter, 2017 Vol.1
- "No Duty to Pay Judgment Because Insured’s Deliberate Acts Were Not an 'Occurrence'"
- "Duty to Defend in Environmental Contamination Lawsuit Because 'Sudden and Accidental' Exception to Chemical Discharge Exclusion Applied"
- "Excess Policy Which 'Follows Form' With Underlying Primary Does Not Incorporate the Limits of Liability of the Primary Policy"
- Co-author, Morris Polich & Purdy's California and Nevada Insurance Coverage Newsletter, 2016 Vol.4
- "Insurer Committed Bad Faith by Refusing to Accept Settlement Agreement That Preserved the Insured’s Legal Right to Court Ordered Restitution"
- "Three 'Per Claim' Deductibles Required Where Only Three Indemnity Cross-Complaints Were Filed Against Insured, Despite Fact That Indemnity Was Sought With Respect to Hundreds of Homeowners’ Claims"
- "No Coverage Where Construction Defect Action Alleged That the Insured Observed Faulty Workmanship but Refused to Correct It Knowing that Injury was a Probable Result"
- "Insurer Owed No Duty to Pay Judgment Against Insured Because the Self-Insured Retention Had Not Been Satisfied"
- Co-author, Morris Polich & Purdy's California and Nevada Insurance Coverage Newsletter, 2016 Vol.3
- "Post-Verdict Award of Brandt Fees May Be Included in Punitive-Compensatory Damages Ratio When Determining Constitutionality of Punitive Award"
- "Denial of Disability Claim More Than Three Years After Policy Was Issued Violated Policy’s Incontestability Clause and Nevada Law"
- "Surplus Lines Broker Must Notify Insured That Policy Does Not Contain Requested Coverage"
- Co-author, Morris Polich & Purdy's California and Nevada Insurance Coverage Newsletter, 2016 Vol.2
- "Insured’s Valid Defense to Action is Not Grounds For Denying Coverage"
- "Trial Court Erred When It Set Aside Insurer’s Default Judgment Against Its Insured"
- "Uninsured Motorist Claim is not Covered Under Excess Liability Policy"
- Co-author, Morris Polich & Purdy's California and Nevada Insurance Coverage Newsletter, 2016 Vol.1
- "Insured’s Prior Knowledge of Damage to His Own Work Does not Constitute Knowledge of Damage His Work Caused to the Work of Others"
- "Equitable Contribution Required All Primary Insurers to Contribute on a Pro-Rata Basis Regardless of the Type of “Other Insurance” Clause in Their Policies"
- "Defending Insurer is not Bound by Insured’s Stipulated Excess Judgment Made Without the Insurer’s Participation or Commitment to Pay the Insured’s Part of the Judgment"
- Co-presenter, “Reservation of Rights and the Insured’s Right to Personal Counsel”, presented to Mercury Insurance on behalf of The Council on Litigation Management