Andrew B. Downs

Shareholder, Board of Directors, San Francisco Office

Direct Dial: 415.352.2716
Fax: 415.352.2701
andy.downs@bullivant.com

Practice Areas

Industries

Insurance

Bar/Court Admissions

Admitted to California Bar, 1983
Admitted to U.S. Court of Appeals for the Ninth Circuit, 1985
Admitted to U.S. Supreme Court, 1991
Admitted to Nevada Bar, 2002
Admitted to all federal courts in California and Nevada

Education

University of California, Los Angeles, School of Law - J.D., 1983
The Johns Hopkins University - B.A., 1980

Experience Representative Work Professional and Civic Involvement Awards and Honors Press Coverage Publications and Presentations Outside the Firm

Practice Experience

Andy Downs has more than 28 years experience litigating and counseling clients regarding complex commercial and contractual litigation including class actions. He is admitted to practice in both California and Nevada and practices throughout both states, having appeared during the course of his career in over 30 different courts including regular appearances in the federal district courts in both California and Nevada, as well as the federal Ninth Circuit Court of Appeals and the Judicial Panel on Multi-District Litigation. He has also handled matters pro hac vice in Hawaii, Washington, New Mexico and Guam.

Andy represents national and international insurance companies in connection with complex coverage and bad faith claims under first-party property, fidelity, inland marine and ocean marine policies as well as specialized third-party policies, including Directors & Officers and Errors & Omissions policies. Andy provides counsel to those companies regarding their rights and responsibilities, as well as serving as trial counsel in coverage and bad faith actions. He has experience defending class actions, handling multi-district litigation, electronic discovery and managing complex multi-party lawsuits. Andy offers his clients timely, creative and practical advice regarding the defense and resolution of these claims in the context of the client's overall business needs.

Andy is recognized by Chambers USA, America's Leading Lawyers for Business, as a "go-to lawyer when it comes to complex insurance coverage matters. Chambers researchers' sources see him as 'one of the nation's premier experts in first-party coverage matters.'" In mediations he "'is amazing, and always on top of any situation,' interviewees say in praise."

Andy also represents businesses in connection with commercial disputes. In addition, he also has handled lawsuits involving maritime activities, including maritime lien and ship arrest actions and suits involving the navigation of both pleasure and commercial vessels.

Andy is a former Chair of the only national organization of property insurance attorneys and is an active member of the Federation of Defense and Corporate Counsel, a by-invitation-only, limited membership organization of attorneys who represent businesses. He is a former Chair of the Federation's Property Insurance Section. He also co-chaired the Federation's 2011 Insurance Industry Institute. A co-editor of the Property Insurance Litigator's Handbook published by the American Bar Association, he also is the author of the chapter on Concurrent Causation in the treatise Law and Practice of Insurance Coverage Litigation published by West and the ABA and co-authored a chapter in California CEB's California Property Insurance Law and Litigation. Andy is also a long time member of the editorial board of West Publishing's Insurance Litigation Reporter. In addition to these publications, he is a regular instructor and speaker on claims handing, insurance coverage and bad faith issues.

Recent Representative Matters

Successful representation of fidelity insurer in class action litigation arising out of the $97,000,000 Ponzi scheme collapse of one of the largest Internal Revenue Code Section 1031 Qualified Intermediaries.
Represented commercial property insurer in obtaining favorable verdict in bad faith jury trial in connection with alleged business income losses. Judgment affirmed on appeal.
Represented insurer in obtaining forum non conveniens dismissal of a $22 million coverage and extra-contractual suit in Clark County, Nevada in favor of a New York forum.
Successful representation of holding company against alter ego claims regarding a former subsidiary.

Professional and Civic Involvement

Federation of Defense and Corporate Counsel, Chair, Property Insurance Section (2005-2007), Co-Chair, Insurance Industry Institute (2011)
American Bar Association, Section on Tort, Trial and Insurance Practice; Chair, Property Insurance Law Committee (2002-2003)
Defense Research Institute
Claims Conference Committee, Property Loss Research Bureau and Liability Insurance Research Bureau (2009, 2010 and 2011)
Association of Marine Underwriters of San Francisco
Maritime Law Association of the United States
The State Bar of California

Awards and Honors

AV^®Preeminent™, Peer Review Rated by Martindale-Hubbell
Named one of California's top insurance lawyers by Chambers USA: America's Leading Lawyers for Business (2011, 2010)
Selected for inclusion in Northern California Super Lawyers (2011, 2010, 2009, 2008, 2007, 2006 — Insurance Coverage)

Firm News

Advisories and Insights

Publications and Presentations

Speaker, "Coverage Triggers for Business Interruption," Property Insurance Law Committee, Tort, Trial & Insurance Practice Section, American Bar Association (2012)
Co-Chair, Insurance Industry Institute, Federation of Defense & Corporate Counsel (2011)
Speaker, "Enforcing Policy Conditions and Warranties in a Hostile Environment," Federation of Defense & Corporate Counsel (2011)
Chapter Co-Author, "California Property Insurance: Law and Litigation," Continuing Education of the Bar - California (2011)
Speaker, "Withering Leaves: Acting Ethically When You Fear Your Client Has Not," Defense Research Institute (2010)
Speaker, "Post-Meltdown Property Insurance Claims by Financial Institutions," Property Loss Research Bureau and Federation of Defense & Corporate Counsel (2010)
Speaker, "The Lawyer Game: Responding to Unethical Conduct," Federation of Defense & Corporate Counsel (2010)
Author, "Managing the Case of a Lifetime: How to Survive and Prosper Without Imperiling your Sanity, Personal and Client Relationships, and the Self-Insured Retention on your E&O Policy," 60 Fed'n Def. & Corp. Couns. Q.97 (2010)
Speaker, "CAFA Notice Requirements for Class Action Settlements," Federation of Defense & Corporate Counsel (2010)
Speaker, "Managing the Case of a Lifetime," Federation of Defense & Corporate Counsel (2009)
Testimony Regarding Proposed Amendments to Rule 56, Federal Rules of Civil Procedure before the Advisory Committee on Civil Rules, Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States (2009)
Speaker, "Thorny Issues With Commercial Property Forms," Property Loss Research Bureau (2008)
Speaker, "Effective Management of the Complex Multi-Jurisdictional First Party Coverage Matter: Class Actions and Multi-District Litigation," Property Loss Research Bureau/Federation of Defense & Corporate Counsel Critical Issues Seminar (2008)
Speaker, "Property Case Law Update," Property Loss Research Bureau (2008)
Speaker and Moderator, "Practical Issues in Property Insurance Litigation," Property Insurance Law Committee, Tort, Trial & Insurance Practice Section, American Bar Association (2008)
Speaker, "Lender Involvement: Avoiding Sub-Prime Claims Handling," Property Loss Research Bureau (2007)
Co-Editor, Property Insurance Litigator's Handbook, American Bar Association (2007)
Moderator, "Litigating Mass Disasters in the Public Eye," Federation of Defense & Corporate Counsel (2007)
Faculty Member, Litigation Management College, Federation of Defense & Corporate Counsel (2007, 2008 and 2009)
Speaker, "Thorny Issues in Commercial Property Claims," Property Loss Research Bureau (2006)
Speaker, "Mortgagee Claims: Rights and Responsibilities," Property Loss Research Bureau (2006)
Speaker, "Insurance Litigation: Katrina-Related Claims," Law.com and The Recorder (2005)
Speaker, "Mortgagee Claims," Property Loss Research Bureau (2005)
Speaker, "The Direct Physical Loss Requirement," Defense Research Institute Insurance Coverage and Claims Institute (2005)
Author, "Now What Do We Do? Time Element Claims Following a Megaloss," "The Brief," American Bar Association, Winter 2005
Speaker, "Rescission in a Changed World," Property Loss Research Bureau/Federation of Defense & Corporate Counsel Critical Issues Seminar (2004)
Author, "The Connection Between Physical Damage and Business Interruption Coverage," 54 FDCC Quarterly 307 (2004)
Author, "Business Interruption Coverage: A Primer on the Physical Loss Requirements," Nevada Lawyer (2004)
Speaker, "Now What Do We Do? Time Element Claims Following a Mega Loss: Partial Suspensions of Operations and the Period of Restoration" Property Insurance Law Committee, Tort, Trial & Insurance Practice Section, American Bar Association (2004)
Speaker, "Mortgagee Claims," Property Loss Research Bureau (2004)
Speaker, "From Here to Infinity: A Brief Overview of the Connection Between Physical Damage and Business Interruption Coverage," Federation of Defense & Corporate Counsel (2004)
Speaker, "Supplementary Payments" Liability Insurance Research Bureau (2003)
Speaker, "The Mortgage Clause" Property Loss Research Bureau (2003)
Speaker, "Can Mold Be Managed?" (2003)
Panelist, "Fraud Investigation: Non-Arson Fraud," Property Loss Research Bureau (2001-2002)
Member, Editorial Board, "Insurance Litigation Reporter," West Group (2001-present)
Panelist, "Fraud Investigation: Non-Arson Fraud," Property Loss Research Bureau (2001)
Contributing Editor, "Bad Faith Law Report" (2001)
Program Chair, "Earth, Wind Fire & Water: Cutting Edge Issues in Property Insurance Claims Following a Natural or Man Made Disaster," ABA TIPS Property Insurance Law Committee (2001)
Speaker, "Coping with Excessive, Unduly, Burdensome or Abusive Discovery," Mealey's Bad Faith Conference (2001)
Chapter Author, "Causation Issues in Property and Casualty Insurance," Law and Practice of Insurance Coverage Litigation, West Group (2000)
Co-Author, "Recent Developments in Property Insurance Law," 35 Tort & Insurance Law Journal 581 (2000)
Speaker, "Avoiding Ambiguity," American Institute of Marine Underwriters and Marine Underwriters of Southern California (2000)
Speaker, "All Hell Breaks Loose: Conflicts of Interest in Subrogation Claims," ABA TIPS Property Insurance Law Committee (2000)
Panelist, "Mortgagee Clause and Adjusting Claims by Financial Institutions," Property Loss Research Bureau (2000)