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EXPERT WITNESSING

Mr. Kornblum has extensive experience with issues concerning insurance claims handling and standard of care for civil trial counsel and lawyers handling insurance litigation.  He has qualified as an expert witness on issues pertaining to these subjects in both state and federal courts.  The following are cases in which he has testified in deposition or trial, or both:

United States Fire Ins. Co. v. Button Transportation, Inc.: Solano County Superior Court.  Testified on behalf of plaintiff insured against carrier providing CGL and Auto Liability coverage to a truck line relating to shipment of almonds which became contaminated.  Deposition and trial testimony. Verdict for the plaintiff. (September 2004)

Click here for the story of the case.

Note:  In the appellate opinion affirming the judgment, Mr. Kornblum’s testimony as an expert was quoted extensively to support the claim of “bad faith.” 

Click here to view the complete opinion.
Click here to view excerpts specific to Mr. Kornblum's testimony.

Phillips v. Bowles & Verna: Contra Costa County Superior Court.  Legal malpractice case.  Mr. Kornblum testified for the defendant attorneys on the standard of care applicable to the attorney defendants who were sued in connection with representation of the plaintiff in a first-party insurance bad faith.  Mr. Kornblum testified both at deposition and trial. Verdict for the defendant lawyer. (April 30, 2002) 

Osborn v. Leader Ins. Co.: U.S.D.C., Northern District, California, the Honorable Vaughn Walker.  Insurance bad faith case involving uninsured motorist claim.  Mr. Kornblum testified on insurance company “good faith” claims practices for the plaintiff. Verdict for plaintiff, $1 Million compensatory damages; $1 Million punitive damages.  (August 11, 2003)

Click here for story of the case; affirmed on appeal by the Ninth Circuit in a brief opinion.

Oasis Medical Group v. Grace, Brandon, Hollis: San Diego County Superior Court. Mr. Kornblum testified at deposition on issues relative to the relationship of defense counsel, the insurer of defendants and the insured clients. Case settled before trial.

Defendants were provided by NORCAL as insurers for the plaintiffs. Mr. Kornblum's testimony related to the relationships involving the insureds, the carriers, and panel counsel provided by the carrier. The case settled after Mr. Kornblum’s deposition. (July 2007)

Black v. Blue Cross: LA-based arbitration.  Mr. Kornblum testified for Blue Cross at arbitration on the history and application of the implied covenant of good faith and fair dealing, and the conversion of a contract to a tort claim using this legal concept in connection with various insurance company-insured relationships. (December 2003) 

Shore v. Farmers Ins. Co.: Alameda County Superior Court.  Insurance bad faith case involving an auto policy with $100,000 limits; case involved several million dollar excess verdict.  Mr. Kornblum testified for plaintiff, who, as assignee of insured, "bad faith" claims sought to recover full amount of judgment.  Case settled after Mr. Kornblum gave deposition as expert on claims handling issues.

Boto Design Co. v. General Ins. Co., Dade County Circuit Court (Miami, Florida, Summer 2005):  Mr. Kornblum testified as an expert on California personal injury law in a case involving various claims of reimbursement after a serious brain damage injury case settled.  Deposition only given. (December 2005)

Gulf Ins. Co. v. Sedgwick Detert Moran & Arnold: San Diego County Superior Court.  Mr. Kornblum testified at deposition on behalf of a law firm sued for legal malpractice in connection with the handling of a coverage matter involving E&O policy for a real estate financing and brokerage firm.  Case settled before trial. (Fall 2004)

Clemco v. TIG: San Mateo County Superior Court. Deposition and trial testimony in insurance coverage and bad faith case involving toxic torts.  Mr. Kornblum testified for plaintiff against insurer on bad faith issues.  Result not known. (2003)
                                                                                                                            Wild, Carey, et al. v. Fife: San Francisco County Superior Court. Deposition and trial testimony as an expert on legal malpractice involving insurance coverage and settlement of negligence/intentional tort case; testified for the lawyer defendant.  Verdict for the defendant. (1999)
                       
First State v. 3M: Hennepin County Circuit Court, Minneapolis, Minnesota.
Deposition only. Complicated insurance coverage for defense of numerous breast implant cases involving coverage, insurance practices and bad faith allegations.  Testified on insurance issues and claims practices for the plaintiff, 3M.  Result not known. (1997)

Hartford Ins. Co. v. Hawkins, Schnabel: Los Angeles County Superior Court. Deposition and trial testimony (May 2000) on behalf of defendant law firm and lawyers; complicated case by client against lawyers arising out of lawyers’ representation of another client in which Hartford was an adversary.  Testified on insurance and lawyer duty issues.  Case settled while jury deliberating.

Smith v. Arnold: San Diego County Superior Court.  Legal malpractice case.  Mr. Kornblum testified at deposition as an expert on the standard of care for an attorney defendant who was sued for legal malpractice resulting from the settlement of a bad faith case.  The case settled before trial. (1996)

Mr. Kornblum has also been cited as a legal authority by the California Supreme Court in Adams v. Mrakami, 813 P. 2d 1348, 1359.