Areas of Practice
Bad Faith, Recission & Fraud
Burton-Kelley has unmatched expertise in assisting insurers in defense of bad faith actions and investigating the grounds for rescission and fraud. Over the years its attorneys have trained insurers on the California Fair Claims Practices Regulations, good faith claims handling, proper investigation of suspect and fraudulent claims, underwriting, overall risk management and litigation avoidance strategies. The firm’s attorneys have earned a reputation for thoughtful yet aggressive representation through their successful representation of primary and excess insurers in hundreds of first party and third party matters including claims for Unfair Business Practices Under Business & Professions Code § 17200. Not only do the attorneys at Burton-Kelley assist in the investigation of claims, overall resolution and litigation strategy but where appropriate, they have successfully tried cases to verdict achieving several defense verdicts in bad faith actions throughout California.
The firm’s attorneys are offered called on to consult in bad faith and litigation matter across the country to assist in evaluation, resolution and overall trial strategy.
Coverage Analysis & EUO's
Insurers rely on Burton Kelley Lawyers for their analysis of coverage and claim handling issues. Burton Kelley Lawyers have written thousands of coverage opinions for carriers concerning residential property and commercial policies relative to the duty to defend, applications of exclusions and unique coverage questions. The Firms lawyers have taken hundreds of Examinations Under Oath (EUO’s) of insureds during the claim process and provided recommendations to carriers following an EUO.
Third Party Defense
Burton Kelly Lawyers have been appointed to defend insureds and resolve lawsuits throughout California in thousands of cases under residential policies, commercial property policies and professional liability policies. Defense of insureds has ranged from premises liability, auto accidents, elder abuse, habitability cases, insurance broker malpractice, architect and engineer E&O’s and catastrophic injury cases. The Firm’s lawyers are skilled negotiators and successfully resolve cases through mediation or settlement negotiations. When necessary, the Firm’s lawyers have tried cases to verdict achieving excellent trial results.
Professional Liability Defense
Over the years the firm has developed expertise in representing professionals under errors and omissions policies and where the professional is self-insured. The firm has been engaged to defend prominent insurance agents and brokers in connection with errors and omissions claims and also serves in the role of advising insurance brokers on risk management. Some of the firm’s attorneys started their careers in construction law which has placed them in a unique position to handle the defense of architects, engineers and realtors.
The firm has handled cases involving failure to procure appropriate insurance, underinsurance, claims involving gaps in insurance, failure to procure tail insurance, breach of fiduciary duty, errors in building design on commercial and residential projects, alter ego claims.
Product Liability Defense
The firm has been engaged to advise and represent clients in a variety of product defect and business lawsuits. The firm was engaged on behalf of a used car dealer to defend claims in the mass tort litigation against Toyota in connection with claims of mat entrapment and unintended acceleration. The firm has also been engaged by video game manufacturers to prosecute licensing disputes and has been retained to defend insureds against claims for defective medical devices. The attorneys at Burton-Kelley are not only prepared to handle the legal issues that can arise in the area of product liability and business disputes but are adept at dealing with the technical and scientific issues presented in each claim.
Subrogation & Recovery
We can help you recover losses paid out on claims from the party responsible for the loss. This applies to all different types of insurance, including auto and property insurance. If your insured was not at fault for the loss and was harmed by another party, we can help you recover your incurred losses.
Civil Litigation
The firm’s strength is in litigation and providing comprehensive litigation strategy and assessment up front. The firm has a proven track record in obtaining measurable results and verdicts for its clients in myriad of claims ranging from business and licensing disputes, toxic torts, construction disputes, vehicle and watercraft accidents, personal injury and insurance and bad faith disputes.
The firm has acted as counsel for Fortune 500 companies, businesses, and numerous insurers, insurance agents and brokers. The firm has specialized expertise in claims arising out of environmental clean-up cost-recovery litigation under both the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and the California Hazardous Substance Account Act (“HSAA”), including issues of public agency oversight through the “AB 2061” process, and issues of compliance with the National Contingency Plan (“NCP”). Each attorney at Burton-Kelley is trained to be a litigation strategist to assist clients in effectively evaluating and resolving claims. By virtue of the firm’s appellate practice the attorneys are uniquely qualified to anticipate some of the common pit falls of trial lawyers that lack appellate training to ensure an appropriate record is created during the underlying litigation that will assist the client in obtaining its desired results.
Civil Writs and Appeals
The firm’s civil writ and appellate practice section is headed by its Managing Partner, Michelle Burton. Ms. Burton has authored numerous writs and appeals over the last 18 years and is a Certified Appellate Specialist. The firm not only prides itself on its excellent litigation skills but also on its legal writing. The attorneys at Burton-Kelley believe skilled and effective legal writing often sets the tone for litigation and can often assist in educating trial judges in areas of law they are unfamiliar with.
Often trial lawyers who lack appellate training are unequipped to access difficult procedural and legal issues. Thus, it is important that they work with a skilled appellate attorney to ensure that the record for the client is adequately made and preserved at the trial court level. The last thing a client wants is to win at trial and lose on appeal. Ms. Burton has been called upon by clients and trial attorneys to assist throughout trial with the procedural rulings made by the court and to prepare post-trial motions such as JNOV and Motions for New Trial. Successful appeals begin with the guidance of appellate counsel before a trail is concluded.