Gene A. Weisberg

Gene A. Weisberg

Attorney
Location:
Culver City, California
Phone:
800-215-7237
Email:

Gene Weisberg's practice focuses on insurance coverage and complex litigation involving insurers and other businesses. His trial and appellate background extends to many areas of these industries, including matters relating to insurance coverage, bad faith, insurance fraud, business and contract disputes, construction defect and products liability.

Gene is a member of the American Board of Trial Advocates, an invitation-only organization of the most experienced trial attorneys in the nation. Additionally, Gene has been selected by his peers as a Southern California Super Lawyer since 2007. Fewer than five percent of California attorneys receive this distinction. He also has been recognized in The Best Lawyers in America in the Litigation-Insurance area, an honor based on a rigorous peer-review survey. He is rated AV Preeminent by Martindale-Hubbell. He is co-chair of the Insurance Fraud Committee of CLM (Claims and Litigation Management Alliance) and a frequent author and speaker on insurance issues.

Areas of Expertise include:

  • Insurance Coverage and Bad Faith: Representing insurance companies in property and liability matters, Gene has written numerous coverage opinions and defended many declaratory relief and bad faith lawsuits involving a variety of issues. These include cases involving landslides, earthquake damage, building mold claims, fire, smoke and other building damage. Additionally, he has handled cases involving the enforceability of policy conditions and warranties, time of occurrence questions, suit limitation defenses, advertising injury issues, interpretation of policy exclusions, allocation of defense costs among insurers and many other subjects. He has drafted insurance policies, using his coverage expertise to draft language that works well for insurance companies and policyholders. Entertainment insurance coverage is another area of focus.
  • Entertainment Insurance Coverage: Gene represents entertainment insurers on claims involving cast coverage, completion bonds, property losses and liability claims.
  • Insurance Fraud: His insurance practice also includes assisting and advising clients in insurance fraud investigation, including taking examinations under oath and prosecuting fraud actions.
  • Appraisal: Gene has represented insurers in appraisal hearings in numerous matters involving property damage under both personal lines and commercial lines policies. He also has litigated the propriety of appraisal awards.
  • Subrogation: Gene has also had substantial success with subrogation cases throughout the country where he has helped recover money for the firm's insurance clients in product liability, construction defect, fire and other property damage suits.
  • General Business and Tort Litigation: Beyond his insurance work, Gene has an active general business litigation practice. As a result of his experience in this area, he was given the opportunity to argue a case in The Hague before the United States-Iran claims tribunal. Gene's business and tort litigation practice ranges from contract disputes and products liability matters to business torts, construction and other property damage suits.

Seminars & Webinars

  • For Claims and Litigation Management Alliance (CLM), Mealey's, the Property Loss Research Bureau (PLRB), and Continuing Education of the Bar (CEB), Insurance Fraud Management (IFM) conference, among others.
  • On subjects including insurance coverage and bad faith issues relating to mold, fraudulent insurance claims, subrogation and other aspects of insurance.

Gene volunteers his time to act as a Los Angeles Superior Court arbitrator and mediator. Outside the office, he enjoys playing ice hockey, softball and golf.

Areas of Practice

  • Insurance Practice Group
  • Business Litigation
  • Entertainment & Media

Bar Admissions

  • California, 1979
  • U.S. Supreme Court
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals 10th Circuit
  • U.S. District Court Central District of California
  • U.S. District Court Southern District of California
  • U.S. District Court Eastern District of California
  • U.S. District Court Northern District of California

Education

  • University of Southern California Law Center, Los Angeles, California
    • J.D. - 1979
  • State University of New York, Binghamton
    • B.A., 1976, With Honors

Published Works

  • Co-Author, "All Washed Up, Fighting Water Restoration Contractor Fraud", Litigation Management Magazine, Winter, 2017
  • Author, "Judicial Estoppel in Insurance Claims", Journal of American Law, Spring, 2015
  • Co-Author, "Living the High Life: Detecting Additional Living Expense Fraud", Litigation Management Magazine, Spring, 2015
  • Co-Author, "Who's Job Is It? Should SIU or Claims Control a Fraud Investigation?", Litigation Management Magazine, Spring, 2013
  • Author, "Avoiding Power Grabs: An Insurance Appraisal Panel Only has the Power to Appraise Value, Not Identity or Scope of Loss", Claims Management Magazine, December, 2012
  • Author, "Vacating Insurance Appraisals: Failure by a neutral arbitrator to disclose details giving rise to an appearance of bias is cause to set aside the award", The Recorder, February 13, 2012
  • Author, "First Party Property Insurance Coverage For Mold Damage: Does It Exist When The Policy Excludes Loss Caused By Mold", Mealey's Litigation Report, April, 2002
  • Author, "Insurance Coverage Issues In Mold Litigation Cases", TortSource, the American Bar Association's Tort and Insurance Practice Section publication
  • Author, "Shaky Ground, Suit Limitation Issues in Earthquake Damage Insurance Cases: When Is A Suit Barred When New Or Additional Damage Is Later Discovered?", Verdict, the magazine of the Association of Southern California Defense Counsel, 1st Quarter, 2001
  • Author, "Suit Limitation Issues in Disaster Cases", California Lawyer, November, 2000
  • Author, "Subrogation: Insurance Company's Right to Recover What It Pays", Los Angeles Business Journal, May 12, 1997

Classes/Seminars

  • You Said What? Preparing Adjusters And Investigators For Deposition In A Fraud Case, CLM 2017 Fraud Conference
  • Preventing Water Restoration Contractors From Soaking The Insurer, CLM 2017 Annual Conference
  • Where's Waldo? Using Technology Tracking in Claims Investigations, CLM 2016 Fraud Conference, May 20, 2016
  • What it Takes to Catch a Fraud: A Survey of Noteworthy & Notorious Insurance Fraud Cases of 2015-16, 2016 CLM Annual Conference, April 7, 2016
  • Additional Living Expense Fraud: Living The Dream And Buying A Home At The Insurance Company's Expense, CLM 2015 Annual Conference, March 26, 2015
  • Emerging Legal Trends, Panel, Insurance Fraud Management Conference, March 25, 2015
  • Don’t Worry, Dear, They Have To Pay You Even Though I Caused The Loss: When Must An Innocent Co-Insured Be Paid?, Webinar, CLM 2014 Webinar Series, May 21, 2014
  • Pros and Cons of An Insurance Company’s Having, Or Not Having, A Claims Manual, CLM Annual Conference, April 10, 2014
  • Effective Interview Techniques For Fraud Investigation, CLM Insurance Bad Faith/ Coverage/ Fraud Conference, February 28, 2014
  • Insurance Fraud & Recouping Good Faith Payments, CLM Annual Conference, April 11, 2013
  • Following The Money–Financial Investigation And Analysis In Insurance Fraud Investigation, CLM 2012 Fraud Mini Conference, October 19, 2012
  • Avoiding Bad Faith When Investigating Fraudulent Claims, Webinar, CLM 2012 Webinar Series, September 19, 2012
  • SIU: More Than A Background Check Or Surveillance, Webinar, CLM 2012 Webinar Series, May 9, 2012
  • Making A Living Through Theft Claims: A Case Study, Roundtable Presentation, CLM Annual Conference, March 29, 2012
  • Reservations Of Rights Under Insurance Policies, Webinar, Celesq/West LegalEdcenter, January 24, 2012
  • Claim File Documentation With An Eye Towards Litigation: Ethical Issues For Insurance Company Lawyers, Webinar, Celesq/West LegalEdcenter, December 6, 2011
  • Analyzing And Investigating Insurance Fraud, Webinar, Celesq/West LegalEdcenter, November 8, 2011

Professional Associations and Memberships

  • Los Angeles County Bar Association
  • American Board of Trial Advocates
  • Claims & Litigation Management Alliance, Co-Chair of the Insurance Fraud Subcommittee
  • International Association of Special Investigation Units

Past Employment Positions

  • Cummins & White, Principal
  • Berger Kahn, A Law Corporation, Principal
  • Gladstone Michel Weisberg Willner & Sloane, Principal