Mark is Of Counsel at PiaHoyt. Mark’s experience ranges from litigating catastrophic products liability cases, as well as, cutting edge, complex insurance coverage disputes. For many years, he has been advising insurers and litigating environmental coverage cases. He also has advised insurers and litigated disputes under commercial general liability, E & O, professional liability policies, and reinsurance certificates affecting environmental claims. A significant part of his practice has included appellate proceedings and defense of day care providers in administrative proceedings.
Education
B.A. from Northwestern University
Law degree from the University of the Pacific, McGeorge School of Law
Admission, Associations, and Honors
Justice’s clerk at the California Third District Court of Appeal
U.S. District Courts of California, for the Eastern, Central, and Northern Districts, and the U.S. Court of Appeals, Ninth Circuit
Member of the Panel of Arbitrators of the National Futures Association.
Member of the State Bar of California and the Pacific Law Journal at McGeorge
Works and Presentations
Mark is a frequent lecturer and author on emerging issues concerning insurance. His publications include:
Cyberinsurance Coverage Issues, New Appleman on Insurance, 2021
Bad Faith Issues in California (NBI Seminars 2021)
Ethical Issues in Bad Faith Litigation, 1992
Arguments Advanced by Insureds for Coverage of Environmental Claims, 22 Pacific Law Journal 771-824, 1991
Show Me the Money – Allocation Issues From Policyholder, Primary, Excess, Reinsurance Perspectives, ECMA, April 1995
Cumis Counsel: An Uncertain Alliance With Friend Or Foe
Comparative Negligence in California: Multiple Party Litigation, 7 Pacific Law Journal, 770-810, 1976. Co-Author: Environmental Insurance Litigation: Law and Practice and Environmental Insurance Litigation: Practice Forms, West, 1992
Experience
Shell v. Winterthur Swiss Ins. Co.
Montrose v. Canadian Universal
Stonewall Ins. Co. v. City of Palos Verdes Estates
Titan v. Aetna Cas. & Sur. Co.
Northrop v. American Motorists Ins. Co.
Aerojet Gen. Corp. v. Fidelity & Cas. Mark was the lead trial attorney in Northwest Steel Rolling Mills v. Fireman’s’ Fund Ins. Co. (U.S. Dist. Ct. W.D. Wash.) which resulted in a verdict rejecting “all sums” liability, and holding the insurer’s liability was only for that portion of damages occurring during the policy period.
Mark briefed and argued Aetna Cas. & Sur. Co. v. Superior Court, which held a CGL policy did not cover patent infringement.
