Location: Culver City, California
Phone: 310-821-9000
Fax: 310-943-2764
Email Me
Gene Weisberg’s practice focuses on insurance coverage and complex litigation involving insurers and other businesses. His trial and appellate background extends to many areas of these industries, including matters relating to insurance coverage, bad faith, insurance fraud, business and contract disputes, construction defect and products liability.
Gene is a member of the American Board of Trial Advocates, an invitation-only organization of the most experienced trial attorneys in the nation. Additionally, Gene has been selected by his peers as a Southern California Super Lawyer since 2007. Fewer than five percent of California attorneys receive this distinction. He also has been recognized in The Best Lawyers in America in the Litigation-Insurance area, an honor based on a rigorous peer-review survey. He is rated AV Preeminent by Martindale-Hubbell. He is co-chair of the Insurance Fraud Committee of CLM (Claims and Litigation Management Alliance) and a frequent author and speaker on insurance issues.
Areas of Expertise include:
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Insurance Coverage and Bad Faith: Representing insurance companies in property and liability matters, Gene has written numerous coverage opinions and defended many declaratory relief and bad faith lawsuits involving a variety of issues. These include cases involving landslides, earthquake damage, building mold claims, fire, smoke and other building damage. Additionally, he has handled cases involving the enforceability of policy conditions and warranties, time of occurrence questions, suit limitation defenses, advertising injury issues, interpretation of policy exclusions, allocation of defense costs among insurers and many other subjects. He has drafted insurance policies, using his coverage expertise to draft language that works well for insurance companies and policyholders. Entertainment insurance coverage is another area of focus.
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Entertainment Insurance Coverage: Gene represents entertainment insurers on claims involving cast coverage, completion bonds, property losses and liability claims.
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Insurance Fraud: His insurance practice also includes assisting and advising clients in insurance fraud investigation, including taking examinations under oath and prosecuting fraud actions.
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Appraisal: Gene has represented insurers in appraisal hearings in numerous matters involving property damage under both personal lines and commercial lines policies. He also has litigated the propriety of appraisal awards.
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Subrogation: Gene has also had substantial success with subrogation cases throughout the country where he has helped recover money for the firm’s insurance clients in product liability, construction defect, fire and other property damage suits.
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General Business and Tort Litigation: Beyond his insurance work, Gene has an active general business litigation practice. As a result of his experience in this area, he was given the opportunity to argue a case in The Hague before the United States-Iran claims tribunal. Gene’s business and tort litigation practice ranges from contract disputes and products liability matters to business torts, construction and other property damage suits.
Seminars & Webinars
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For Claims and Litigation Management Alliance (CLM), Mealey’s, the Property Loss Research Bureau (PLRB), and Continuing Education of the Bar (CEB), Insurance Fraud Management (IFM) conference, among others.
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On subjects including insurance coverage and bad faith issues relating to mold, fraudulent insurance claims, subrogation and other aspects of insurance.
Gene volunteers his time to act as a Los Angeles Superior Court arbitrator and mediator. Outside the office, he enjoys playing ice hockey, softball and golf.
AREAS OF PRACTICE
Insurance Practice Group
Business Litigation
Entertainment & Media
BAR ADMISSIONS
California, 1979
Texas, 2020
U.S. Supreme Court
U.S. Court of Appeals 9th Circuit
U.S. Court of Appeals 10th Circuit
U.S. District Court Central District of California
U.S. District Court Southern District of California
U.S. District Court Eastern District of California
U.S. District Court Northern District of California
EDUCATION
University of Southern California Law Center, Los Angeles, California
J.D. – 1979
State University of New York, Binghamton
B.A., 1976, With Honors
PUBLISHED WORKS
Author, “Protecting Policy Limits Information: Avoiding Premature Disclosure To Avoid Limits Based Medical Treatment”, Journal of Insurance Fraud in America, June, 2021
Author, “Avoiding Culture Clashes”, CLM Magazine, November, 2020
Author, “Adjusting To Public Adjusters: Avoiding Claim Denials“, Journal of Insurance Fraud in America, September, 2019
Co-Author, “All Washed Up, Fighting Water Restoration Contractor Fraud”, Litigation Management Magazine, Winter, 2017
Author, “Judicial Estoppel in Insurance Claims”, Journal of American Law, Spring, 2015
Co-Author, “Living the High Life: Detecting Additional Living Expense Fraud”, Litigation Management Magazine, Spring, 2015
Co-Author, “Who’s Job Is It? Should SIU or Claims Control a Fraud Investigation?”, Litigation Management Magazine, Spring, 2013
Author, “Avoiding Power Grabs: An Insurance Appraisal Panel Only has the Power to Appraise Value, Not Identity or Scope of Loss”, Claims Management Magazine, December, 2012
Author, “Vacating Insurance Appraisals: Failure by a neutral arbitrator to disclose details giving rise to an appearance of bias is cause to set aside the award”, The Recorder, February 13, 2012
Author, “First Party Property Insurance Coverage For Mold Damage: Does It Exist When The Policy Excludes Loss Caused By Mold”, Mealey’s Litigation Report, April, 2002
Author, “Insurance Coverage Issues In Mold Litigation Cases”, TortSource, the American Bar Association’s Tort and Insurance Practice Section publication
Author, “Shaky Ground, Suit Limitation Issues in Earthquake Damage Insurance Cases: When Is A Suit Barred When New Or Additional Damage Is Later Discovered?”, Verdict, the magazine of the Association of Southern California Defense Counsel, 1st Quarter, 2001
Author, “Suit Limitation Issues in Disaster Cases”, California Lawyer, November, 2000
Author, “Subrogation: Insurance Company’s Right to Recover What It Pays”, Los Angeles Business Journal, May 12, 1997
CLASSES/SEMINARS/SPEAKING ENGAGEMENTS
Considering Cultural Background In Conducting Fraud Investigations, 2020 CLM Fraud Focus, November 2020
Public Adjuster’s Fraud Is The Insured’s Fraud, 2020 IASIU Annual Conference, September 2020
Creating A Successful SIU Collaborative Team, 2019 CLM Southeast Conference, October 3, 2019
Interview Techniques To Make Examinations Under Oath More Effective, CLM Annual Conference, March 14, 2019
Water Damage: Claim and Restoration Evaluation and Fraud, Combined Claims Conference, March 5, 2019
A Portrait Of Fraud: Are Insurers Properly Recognizing The Graying Of America?, CLM 2018 Southeast Conference, November 8, 2018
Additional Living Expense Fraud: Living The Dream And Buying A Home At The Insurance Company’s Expense, 2018 IASIU Annual Conference, September 10, 2018
You Said What? Preparing Adjusters And Investigators For Deposition In A Fraud Case, CLM 2017 Fraud Conference
Preventing Water Restoration Contractors From Soaking The Insurer, CLM 2017 Annual Conference
Where’s Waldo? Using Technology Tracking in Claims Investigations, CLM 2016 Fraud Conference, May 20, 2016
What it Takes to Catch a Fraud: A Survey of Noteworthy & Notorious Insurance Fraud Cases of 2015-16, 2016 CLM Annual Conference, April 7, 2016
Additional Living Expense Fraud: Living The Dream And Buying A Home At The Insurance Company’s Expense, CLM 2015 Annual Conference, March 26, 2015
Emerging Legal Trends, Panel, Insurance Fraud Management Conference, March 25, 2015
Don’t Worry, Dear, They Have To Pay You Even Though I Caused The Loss: When Must An Innocent Co-Insured Be Paid?, Webinar, CLM 2014 Webinar Series, May 21, 2014
Pros and Cons of An Insurance Company’s Having, Or Not Having, A Claims Manual, CLM Annual Conference, April 10, 2014
Effective Interview Techniques For Fraud Investigation, CLM Insurance Bad Faith/ Coverage/ Fraud Conference, February 28, 2014
Insurance Fraud & Recouping Good Faith Payments, CLM Annual Conference, April 11, 2013
Following The Money–Financial Investigation And Analysis In Insurance Fraud Investigation, CLM 2012 Fraud Mini Conference, October 19, 2012
Avoiding Bad Faith When Investigating Fraudulent Claims, Webinar, CLM 2012 Webinar Series, September 19, 2012
SIU: More Than A Background Check Or Surveillance, Webinar, CLM 2012 Webinar Series, May 9, 2012
Making A Living Through Theft Claims: A Case Study, Roundtable Presentation, CLM Annual Conference, March 29, 2012
Reservations Of Rights Under Insurance Policies, Webinar, Celesq/West LegalEdcenter, January 24, 2012
Claim File Documentation With An Eye Towards Litigation: Ethical Issues For Insurance Company Lawyers, Webinar, Celesq/West LegalEdcenter, December 6, 2011
Analyzing And Investigating Insurance Fraud, Webinar, Celesq/West LegalEdcenter, November 8, 2011
PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS
Los Angeles County Bar Association
American Board of Trial Advocates
Claims & Litigation Management Alliance
International Association of Special Investigation Units
PAST EMPLOYMENT POSITIONS
Cummins & White, Principal
Berger Kahn, A Law Corporation, Principal
Gladstone Michel Weisberg Willner & Sloane, Principal