NATIONALLY-RECOGNIZED CIVIL DEFENSE LITIGATOR AND TRIAL LAWYER
Lloyd Bernstein has been protecting the interests of insurers and businesses in the Pacific Northwest for more than 25 years. They rely on him to navigate them through thorny legal issues, resolve insurance coverage and commercial disputes and defend extra-contractual and bad faith claims. Because he has been handling these types of cases for a long time, he has a thorough understanding of the insurance and legal issues involved. He’s also keenly aware of the nuances relative to the local venues and knows the landscape, judges and insurance laws unique to these jurisdictions.
Lloyd’s work often involves extensive motion practice or trial in state and federal court. But he also recognizes that effective representation does not always mean going to trial, and that an arbitrated, mediated or negotiated resolution can oftentimes be more successful. Clients appreciate that he’s a straight shooter and that they can count on his real-life approach and practical advice. Given his significant experience, he’s better prepared to lay out the risks and counsel clients on the best path for resolution.
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Representing insurers on issues involving various types of policies
- Property & Casualty
- Professional, Employment & Fiduciary
- Builders Risk & Inland Marine
- Technology & Cyber
- Excess & Surplus
Advising and litigating business disputes
- Employment, harassment, and discrimination
- General, business, and commercial contracts and torts
- Products, professional and premises liability cases
- Construction, title and escrow and real estate
- Catastrophic injury and wrongful death cases
PRACTICE AREAS
ADMISSIONS
Bar Admissions
- California, inactive
- Oregon
- Washington
Court Admissions
- U.S. District Court, District of Oregon
- U.S. District Court, Western District of Washington
- U.S. District Court, Eastern District of Washington
- U.S. District Court, Central District of California
- U.S. District Court, Southern District of California
- U.S. Court of Appeals, Ninth Circuit
EDUCATION
- California Western School of Law – J.D.
- State University of New York, Plattsburg – B.S.
- University of Central Lancashire-England – Study Abroad
CLIENT WINS
- Successfully obtained a directed verdict at jury trial in favor of CGL insurer against insured’s failure to defend and indemnify claims in excess of $500,000 relative to a construction dispute.
- Successfully prevailed on a first-party commercial property and business interruption weather loss declaratory judgment bench trial in favor of insurer with claims in excess of $750,000.
- Successfully prosecuted contentious family real estate partnership dissolution and liquidation bench trial obtaining in excess of $5 million.
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- Successfully obtained summary judgment for commercial property insurer on a fraudulently presented business theft and business interruption claim.
- Successfully prevailed on trial motions dismissing multi-million dollar breach of contract and bad claims against a malpractice insurer for settling excess exposure claims against the insured.
- Successfully obtained summary judgment in favor of property insurer on multi-million dollar progressive water and earth movement condominium loss.
- Successfully prevailed at jury trial on behalf of auto insurer against multi-million-dollar PIP/UIM failure to investigate and settle bad faith claims.
- Successfully obtained court order finding stipulated settlement agreement between underlying plaintiff and insured to be unreasonable and prevailed against attempted certification of multi-million-dollar class action against specialty commercial property insurer relative to warehouse fire.
- Successfully defended commercial property insurer at jury trial obtaining dismissal of bad faith claims and a favorable coverage award relative to business equipment loss.
- Federation of Defense & Corporate Counsel (Member)
- Oregon Association of Defense Counsel (President, 2020; Board Member, 2014-2020; Chair, Insurance Coverage Practice Group, 2011-2013; Member, Governmental Affairs Committee)
- Defense Research Institute (Member, Insurance Law Committee, Property Insurance Subcommittee, Bad Faith Subcommittee)
- Association of Defense Trial Attorneys (Member)
- West Side YMCA (Volunteer Youth Basketball Coach)
- i9 Sports (Volunteer Youth Flag Football Coach)
- Stand for Children Oregon (Beaverton Chapter Leader, 2013-2015)
- Co-Speaker, “What is Bad Fath?”, Northwest Insurance Law, The Seminar Group, Live Webcast (October 2021)
- Co-Speaker, “COVID-19 Business Interruption Insurance Litigation,” Multnomah Bar Association Continuing Legal Education Seminar (January 2021)
- Speaker, “Latest Trends and Developments in Insurance Law and Litigation,” Oregon CPCU Society Chapter Meeting (September 2020)
- Co-Speaker, “Defending PIP/UM/UIM Implied Covenant of Good Faith and Fair Dealings Claims: Strategies, Pitfalls, and Recent Developments,” OADC Fall Seminar (November 2019)
- Co-Speaker, “A New Approach to Policy Limit Demands,” Perrin Conferences Insurance Coverage & Allocation Issues Conference (May 2019)
- Speaker, “Overview of Legal Environment for Auto Claims in Washington,” Defense Research Institute (DRI) Webcast (November 2018)
- Co-Speaker, “Bad Faith Remedies and Stipulated Settlements: A Mock Negotiation,” The Seminar Group, Legal and Professional Education, Northwest Insurance Law: A Comprehensive Review (October 2018)
- Co-Speaker, “Policy Limit Demands – Strategies, Pitfalls and Recent Developments,” Perrin Conferences Insurance Coverage & Allocation Issues Conference (April 2018)
- Speaker, “Legal Audits, Attorney/Client and Discovery Issues,” American Conference Institute (ACI) Insurance Coverage & Extra-Contractual Disputes Conference (November 2016)
- Speaker, “Latest Trends and Developments in Insurance Litigation,” Oregon CPCU Society Chapter Meeting (September 2016)
- Host & Co-Speaker, Bullivant’s Pacific Northwest Client Claims Clinic (April 2016 & February 2016)
- Moderator, “Corporate Representative Depositions – Practicalities, Pitfalls and Strategies,” Oregon Association of Defense Counsel (OADC) Fall Seminar (2015)
- Speaker, “Examinations Under Oath: Practicalities, Pitfalls and Strategy,” Oregon Association of Defense Counsel (OADC) Insurance Coverage Group CLE (2014)
- Speaker, “Insurance Coverage for Cyber Losses,” Oregon Association of Defense Counsel (OADC) Fall Seminar (2013)
- Speaker, “Maintaining the Warranty – Confronting Insurance Coverage Issues Before & During Trial,” Oregon Association of Defense Counsel (OADC) Annual Conference (2012)
- Speaker, “Business Interruption Insurance and Lessons Applicable to the Japanese Disaster and Other Catastrophes,” Defense Research Institute (DRI) Property Insurance Webcast (2011)
- Speaker, “Hot Topics in Insurance Coverage – Cyber Losses & Business Loss Claims,” Primerus Defense Institute (PDI) Insurance Coverage & Bad Faith Seminar (2010)
- Speaker, “Property Insurance Appraisals: Scope, Effect and Other Considerations,” CNA Webinar (2010)
- Speaker, “Homeowner Liability Claims: Dealing with Problem Issues,” Property Loss Research Bureau/Liability Insurance Research Bureau (PLRB/LIRB) Annual Conference (2010)
- Speaker, “First-Party Cyber Losses: When the Network Goes Down,” Property Loss Research Bureau/Liability Insurance Research Bureau (PLRB/LIRB) Large Loss Conference (2009)
- Author, “Avoiding a ‘Collapse’ of Common Sense,” Oregon Association of Defense Counsel (OADC) Summer Newsletter (2009)
- Speaker, “Computer Virus: Adjusting Losses in a Worldwide Network Environment,” Property Loss Research Bureau/Liability Insurance Research Bureau (PLRB/LIRB) Large Loss Conference (2008)
- Speaker, “Thorny Issues with Commercial Property Coverages,” Property Loss Research Bureau/Liability Insurance Research Bureau (PLRB/LIRB) Regional Conference (2008)
- Speaker, “Emerging Torts: Good Old Negligence – The Latest Theory In Cyber Liability?,” Washington Defense Trial Lawyers (WDTL) Tort Law Update (2007)
- Speaker, “Analyzing Intellectual Property Coverage Claims,” Property Loss Research Bureau/Liability Insurance Research Bureau (PLRB/LIRB) Regional Conference (2007)
- Speaker, “Liability Lurking in Your Backyard,” Oregon State Bar Legal Links Talk Show (2005)
- Speaker, ” Bad Faith Litigation in Oregon,” National Business Institute (NBI) Seminar (2004)
- Author, “‘Captive’ Insurance Agent Has No Duty to Homeowners,” Oregon Association of Defense Counsel (OADC) Newsletter (2002)
- AV® Preeminent™, Peer Review Rated by Martindale-Hubbell
- Selected for inclusion in The Best Lawyers in America© (2019-2023 — Commercial Litigation; 2019-2023 — Insurance Law; 2021-2023 — Litigation – Insurance)
- Named as a “Rising Star” in Oregon Super Lawyers (2008 — Insurance Coverage)
- Recipient of The State Bar of California’s Wiley W. Manuel Award for Pro Bono Legal Service
BRINGING A KNACK FOR COACHING TO YOUTH SPORTS
Lloyd refereed pee wee football during law school, combining his love for the sport and mentoring youth. Since then, he has coached his kids’ basketball, soccer and flag football teams. He also enjoys time spent trying to “coach” his dogs. Lloyd thinks about returning to refereeing when the time comes to slow down his legal practice.
