Linda Tai Hoshide Partner

     

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Linda Hoshide represents major insurance companies on a national basis in insurance coverage and insurance litigation, including declaratory relief, contribution and bad faith actions. She is skilled in handling complex insurance coverage matters, counseling companies on claims-handling issues, alternative dispute resolution, risk management and litigation. Linda is experienced in handling a wide variety of insurance-related disputes under third-party and first-party policies, including construction defect, professional liability, errors and omissions, advertising injury, personal injury, product liability, bodily injury, property, environmental, toxic torts and media claims.

In addition, Linda provides strategic advice for complex coverage matters under professional liability and general liability policies for primary, excess, umbrella and surplus lines carriers. She has extensive experience in additional insured, contractual indemnity, allocation and independent counsel disputes. Linda also provides guidance in drafting of policy language. Linda has litigated complex coverage disputes in state and federal courts, including bad faith, contribution and declaratory judgment actions.

While in law school, Linda studied commercial law, trade law, international tax and investment law at Hong Kong University School of Law.

Representative Matters

Prevailed before the California Court of Appeal, First Appellate District, affirming summary judgment finding no duty to defend for a consumer class action under the “personal and advertising injury” provision of a commercial general liability policy because the Full Faith and Credit Clause of the U.S. Constitution operated to bar relitigation of a final judgment obtained in Florida.

Prevailed before the Florida Second District Court of Appeal, affirming summary judgment finding no duty to defend under the “personal and advertising injury” provision of a commercial general liability policy for an underlying class action alleging that insured falsely described its product as organic.

Prevailed before the United States District Court, Central District of California, finding that the policy’s TCPA exclusion precluded coverage for the entire underlying action.

Prevailed before the United States District Court, Central District of California, finding that the insurer had no duty to defend because claims that the insured has labeled its product as organic did not fall within the “personal and advertising injury” provision of the policy.

Prevailed before the United States District Court, District of Arizona, finding that the insurer had no duty to defend under a claims-made and reported policy as the insured failed to properly report the claim during the policy period and that a renewal of a claims-made and reported policy constitutes a separate and distinct contract.

Successfully tried a contribution case against a non-participating carrier for underlying defense and indemnity fees and costs.

Successfully arbitrated a binding arbitration regarding complex coverage issues in favor of the carrier and against an insured.

Prevailed in a rescission action in federal court against an insured subcontractor based on misrepresentations to the insurer.

Prevailed on a Motion for Judgment on the Pleadings in favor of an insurer and against a plaintiff seeking to recover attorney’s fees and costs against the insurer.   

Obtained dismissals of insurers in bad faith and breach of the covenant of good faith and fair dealing actions.

Prevailed on a Writ of Mandate against a recalcitrant insurer regarding policy interpretation. 

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