- Wrongful Death• Represented family in wrongful death case of seven-year old daughter in swimming pool accident at babysitter’s home. Despite serious insurance coverage disputes with defendant's insurer involving business exclusion in homeowner’s policy, case resolved in settlement for homeowner's $250,000 policy limits.
- Sex Crimes• Represented family of six in claims against religious institution and major movie theater chain arising out of child molestation of the family’s four children by religious school teacher who also worked as projectionist at movie theater. Despite numerous insurance coverage disputes asserted by defendants' insurers, case settled on eve of trial for $3.25 million.
- Business DisputesRepresents businesses and individuals in the resolution of complex civil litigation, with an emphasis on the representation of policyholders in insurance disputes. A seasoned advocate with over 35 years of experience, he has obtained litigation victories and successful settlements in a broad range of matters, including insurance coverage issues of bad faith, unfair business practices, duties to defend, indemnify and/or pay benefits, in matters involving a wide variety of coverage types, claims, and industries. These include policy types such as commercial general liability (CGL), directors and officers liability, professional liability, insurance broker liability, property and casualty, business interruption losses and workers compensation insurance. He provides advice and strategies that identify coverage opportunities, protect against unnecessary losses, and secure revenue from insurance policies through litigation and alternative means. He also represents clients in matters ranging from policy audits to risk assessments to litigation for coverage recoveries to complex resolution options that include strategic settlements and other options, as well as business litigation including contract disputes and business torts (fraud, unfair business practices and unfair competition).
- Unfair Competition
- Workers CompensationMr. Lawton’s practice has a particular emphasis on the representation of employers in disputes with workers compensation insurers involving classification codes, independent contractors, payroll audits, large deductible policies and violations of law in the manner of assessing premiums. He also litigates issues regarding deficient claims handling and improper reserving under a policy of workers' compensation insurance which have a substantial impact on an employer's premiums and insurability. Mr. Lawton advocates the employers’ right to be treated fairly and equitably by their insurer, and to sue their workers’ compensation insurance carrier for bad faith conduct which results in unjustifiable premium increases. He has helped California employers involved in such disputes save millions of dollars in workers' compensation insurance premiums and recover millions of dollars in damages.
- Construction Litigation• Represented prominent law firm in contractual arbitration of attorney fee dispute with a liability insurer regarding fees incurred in defense of policyholder in construction defect trial, requiring "trial within a trial" of underlying case. Resulted in award of $475,000 to attorneys for all fees and costs sought.
- Property DamageThe Northridge Earthquake, Client suffered millions of dollars in property damage to its extensive California properties, after which the primary insurer in the program placed by Defendant brokers became insolvent and was placed in liquidation. After Plaintiff defeated four defense summary judgment motions and prevailed on its own summary adjudication motion, and notwithstanding significant coverage issues asserted by defendants' E & O insurers, the case settled against Defendant brokers on the eve of trial for a confidential multi-million dollar sum.
- Auto Accidents