Herbert P. Kunowski Partner

     

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Herb Kunowski has extensive experience in federal, state and administrative trial and appellate courts, with an emphasis on insurance coverage and bad faith; business, government, commercial and general liability litigation; and the defense of directors and officers, insurance and real estate agents and brokers, and legal and healthcare professionals. Herb has tried high-exposure cases by both bench and jury, and has handled numerous arbitrations and mediations. He also serves as a judicial arbitrator, mediator and judge pro tem for the Los Angeles County Superior Court. Earlier in his career, Herb served in the Office of the City Attorney for Los Angeles.

Herb prides himself on his ability to efficiently and effectively resolve disputes, whether the forum is litigation, arbitration or mediation. He is a firm believer in proactive representation, and offers advice and counseling to his clients on claims handling, business practices and documentation.

Areas of Focus

Bad Faith
Herb has extensive experience in all aspects of bad faith litigation and his practice includes representative unfair business practices claims and other complex litigation. His clients have a full range of insurance lines, but Herb’s specialties are directors and officers, professional errors and omissions, and employment practices claims.

Business, Government & Commercial Litigation
Herb has extensive experience in all aspects of business and commercial litigation, which includes the defense of directors and officers, shareholder disputes and protecting creditors’ rights in bankruptcy. He has successfully litigated many fraudulent transfer actions and enforced numerous judgments through all manner of post-judgment remedies. In addition, Herb has pursued numerous debtors in bankruptcy court, having debts declared non-dischargeable and proposed reorganizations involuntarily converted to liquidations.

Professional Liability
Herb has extensive experience in counseling and representing professionals, both before and after litigation has commenced. Herb’s practice includes the defense of insurance and real estate agents and brokers, and legal and health care professionals.

General Liability
Herb handles a wide variety of general liability matters dealing with bodily injury, property damage and related issues. Herb’s practice includes defense representation for catastrophic injuries involving permanent disabilities, as well as wrongful death claims.

Representative Matters

Bad Faith
Obtained summary judgment on multimillion-dollar lawsuit asserting bad faith and breach of contract based on application of “prior notice of potential claim” exclusion and material representations in policy application.

Obtained summary judgment on multimillion-dollar lawsuit asserting bad faith and breach of contract based on application of “professional services” exclusion. Judgment affirmed on appeal. 

Obtained summary judgment on multimillion-dollar lawsuit asserting bad faith and breach of contract based on application of “insured versus insured” exclusion. Settled on appeal.

Obtained summary judgment on multimillion-dollar lawsuit asserting bad faith and breach of contract based on application of “other capacity” exclusion. The plaintiff later dismissed its appeal for a waiver of costs.

Business, Government & Commercial Litigation 
Obtained judgment of almost $1 million, including punitive damages, in fraudulent transfer action against attorney, her law firm and her family members, subsequent to obtaining judgment in bankruptcy court trial that attorney's debt to client was non-dischargeable.

Professional Liability
With plaintiff claiming $5.3 million in general, special and punitive damages upon the filing of her legal malpractice action against our attorney client, we successfully compelled the dispute to arbitration, and subsequently obtained an arbitration award that dismissed plaintiff’s claims with prejudice and awarded her nothing, while awarding our client his attorneys’ fees and costs, with interest. Then, over plaintiff’s opposition, we successfully petitioned the court to confirm such arbitration award as an enforceable judgment against plaintiff.

With plaintiff demanding $5 million for a catastrophic fire loss from our insurance broker client shortly before the extended jury trial began, after two months into its case in chief, plaintiff recognized the jury was adverse and agreed to dismiss our client for a waiver of costs.

General Liability
Obtained summary judgment for contractor client on property damage claim against it based on statute of limitations defense, after persuading court that plaintiff was not entitled to belatedly amend its complaint to identify contactor as doe defendant and thus the claim against the contractor could not relate back to the time the complaint was filed.

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