David E. Bland
Experience
- Property and liability insurance coverage litigation, defense of bad faith litigation, directors’ and officers’ and errors and omissions coverage litigation, crime and fidelity claim evaluation and litigation, environmental litigation, construction litigation, regulatory compliance audits, national coordination of claim defense, drafting of policy language and endorsements to insurance policies, and general commercial litigation.
Selected Results*
Obtained summary judgment for carrier facing contingent business interruption claim. Affirmed on appeal.
400 F.3d 613 (8th Cir. 2005).
Responsible for damages portion of multi-million dollar Olympic Pipeline subrogation claim resolved prior to trial.
Responsible for damages portion of multi-million dollar contamination claim under property insurance policy resolved prior to trial.
Obtained summary judgment for errors and omission carrier facing multi-million dollar claim.
Obtained summary judgment for property insurer facing asbestos removal claim for five multi-story commercial office buildings, affirmed on appeal.
Tried to defense verdict an asbestos removal claim, affirmed on appeal.
Co-tried to defense verdict a multi-million dollar business interruption claim arising from a flooded mine.
Resolved class action and personal injury claims under primary and excess liability policies.
Retained by insurer to audit claims operations for compliance with California regulations and training requirements.
Co-drafted property insurance policy for major property insurer.
Co-drafted insurance policy endorsements for Y2K, mold, terrorism, and computer viruses for major property insurers.
Memberships
- American Bar Association, Property Insurance Law and Fidelity and Surety Law Committees of the Tort and Insurance Practice Section
- California State Bar Association
- Minnesota Bar Association
Bar Admissions
- California
- Minnesota
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Minnesota
- U.S. District Court, Northern District of California
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Southern District of California
Education
- William Mitchell College of Law, J.D., cum laude (1979)
- University of Minnesota, B.A. (1975)
Articles
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Applying the Attorney-Client Privilege to Investigations Involving Attorneys: What is Fair Game in Discovery?
The Attorney-Client Privilege in Civil Litigation (4th ed. A.B.A. 2008) Tort Trial & Insurance Practice Section
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Preserving the Attorney-Client Privilege and Work-Production Protections Afforded to Communications with Experts: Be Careful of What You Say and to Whom You Say It
The Attorney-Client Privilege in Civil Litigation (4th ed. A.B.A. 2008) Tort Trial & Insurance Practice Section
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Applying the Attorney-Client Privilege to Investigations Involving Attorneys: What is Fair Game in Discovery?
Attorney-Client Privilege in Civil Litigation (3d ed. A.B.A. 2004)
(with Elisabeth M. Will and Scott G. Johnson)
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Sue and Labor Coverage for Year 2000 Remediation Expenses
Robins, Kaplan, Miller & Ciresi L.L.P. (October 6, 1999) (with Patrick E. Shipstead and Scott G. Johnson)
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Recovery Under the Policy vs. Recovery in Court: Damages Recoverable in Subrogation Actions
Property Insurance Subrogation from A to Z (A.B.A. 1991)
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Subrogation Investigations Involving Attorneys: Attorney-Client Privilege and Work Product Concerns When Attorneys Investigate
The Attorney-Client Privilege Under Siege (A.B.A. 1989)
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Property Damage Caused by Defective Products: What Losses Are Recoverable?
9 Wm. Mitchell L. Review 1 (1984)
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Economic Loss: A Subrogated Insurer's Kiss of Death
18 Forum 649 (1983)
Selected Speeches
- Is a frequent lecturer on insurance-related topics