650 California Street
San Francisco, CA 94108
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Professional Notes & Events
Gary A. Bresee
Gary Bresee is a partner in the firm’s San Francisco office. He has worked on a wide range of business litigation matters for insurance companies, corporations, partnerships and individuals. Mr. Bresee focuses on the client’s goals in each individual assignment, tailoring the firm’s services as needed. He has developed long-term relationships with many companies by learning and applying his extensive knowledge of the law to the client’s business philosophy and procedures.
Mr. Bresee is a trial attorney with more than 20 years litigation and trial experience in complex business litigation, insurance coverage, complex insurance litigation, bad faith, employment law, attorney fee disputes, appellate practice, and claims under California’s Unfair Business Practices statutes. He also has experience in disability, life, health and annuity claims, as well as real property transactions and litigation. Since 1992 he has litigated, consulted and served as an expert in attorneys’ fee disputes and the nature and scope of an insurer’s duty to defend. The underlying cases have involved construction defect litigation, commercial disputes, personal injury claims arising from clean room litigation, Buss allocations, employment claims, intellectual property and workers’ compensation litigation. His experience includes jury trials, court trials, mediations and arbitrations. His appellate experience includes appeals and petitions for review before the California Courts of Appeal and the United States Court of Appeals for the Ninth Circuit.
Mr. Bresee’s representative matters include:
- In a case where the insurance industry avoided a significant tax increase on deductible worker’s compensation policies, Mr. Bresee defended an insurance company against the taxing authority for workers’ compensation premiums for the State of Arizona. The State alleged that the insurance industry, as a whole, was under-reporting premium taxes on large deductible workers compensation policies sold in the state. The case was dismissed on the merits in November 2007.
- In several construction defect coverage cases Mr. Bresee successfully defended the insurers from bad faith allegations and claims for punitive damages.
- Mr. Bresee helped obtain a verdict in excess of one million dollars against a law firm after a jury trial concerning the firm’s billing practices.
- Life and disability insurance matters, including traditional claims disputes, disability bad faith and ERISA benefits claims, agent misconduct, suitability, twisting and selling away exposure.
- Non-compete agreements and customer list disputes, partnership dissolution, closely held business freeze-out and taking of business opportunities.
- Bankruptcy issues, including preference claims, secured and unsecured claims both in bankruptcies and FDIC liquidations.
Mr. Bresee served as a defense expert in a case which decided the reasonableness of attorney fees, City of Los Angeles v. County of Kern, Case No. CV 06-5094 GAF (VBKx), (September 3, 2008). U.S. District Judge Gary Allen Feess found Mr. Bresee’s testimony highly persuasive and adopted the majority of his recommendations. Click here to read the full decision.
- University of California, Davis, King Hall School of Law, J.D., Order of the Coif, 1987
- California State University at Sacramento, B.S., Phi Kappa Phi, 1984
- American River College, A.A., 1981
Articles & Publications
- Homeowners and Related Policies
California Insurance Law and Practice - Chapter 36 (revised) (LexisNexis California Insurance Law & Practice, August 15, 2013)
- Construction Insurance
California Insurance Law and Practice - Chapter 37 (revised) (LexisNexis California Insurance Law & Practice, August 15, 2013)
- District Judge Awards Fees Of $1.1 Million To Attorneys Representing Prevailing Individual Defendant
Gary Bresee's expert testimony on attorney fees is found to be highly persuasive. (California Attorneys Fees, September 06, 2008)
- Written Presentation for "Insurance Billing Guidelines and Audits Under Fire," presented for the San Francisco Bar Association Program, June 1999, Golden Gate Law School, San Francisco, California.
- Ethics Or Economics?: The Ethics Of Insurer-Imposed Billing Guidelines And The Propriety Of Permitting Billing Statements To Be Received By Third-Party Auditors (Mealey's Conference on Attorney Fees, February 1999).
- Brief of Amicus Curie In Opposition to the Petition In the Matter of the Rules of Professional Conduct And Insurer Imposed Billing Rules and Procedures, filed with Supreme Court of the State of Montana.
- Disclosure of Protected Communications to Legal Auditors; Ethics of Adherence to Billing Guidelines (A Compendium of Recent State Bar Opinions; Ethical Opinions from Legal Ethics Experts; Cases and Articles).
- The State Bar of California
- The Bar Association of San Francisco