Thomas H. Nienow Of Counsel



Thomas Nienow advises national insurers in connection with complex commercial liability insurance claims and parallel contractual indemnity demands. He conducts all phases of discovery and pre-trial litigation concerning insurance coverage and “bad faith” lawsuits, including taking and defending depositions, drafting briefs and performing oral argument before appellate courts.

Tom served as a Judicial Extern, California Court of Appeal, First Appellate District, where he advised Presiding Justice Carl West Anderson regarding civil and criminal matters pending before the California Supreme Court and Court of Appeal.

Representative Matters

Obtained summary judgment of no duty to defend or indemnify clothing manufacturer in litigation alleging that manufacturer had slandered its distributor in connection with contract dispute.

Obtained order compelling arbitration of insurance-coverage dispute with City of Fresno in connection with underlying personal-injury action.

Obtained arbitration-panel award finding that the State of Arizona did not qualify as an additional insured under liability policy issued to non-profit.

Prevailed on cross-motions for summary judgment, obtaining order requiring reimbursement of settlement contribution paid under professional-liability policy.

Obtained appellate decision reversing district court and holding that insurer is entitled to reimbursement of fees and costs to defend litigation against insured not potentially covered by applicable commercial liability policy.

Summary judgment of no duty to defend insured in underlying lawsuit alleging business torts arising from franchisee’s wrongful diversion of clients and job opportunities from franchiser.

Affirmation of trial-court ruling that underlying lawsuits by City of San Francisco to compel payment of penalties for unlawful conversion of residential hotel units did not involve insurance-covered “damages.”

Obtained affirmation of summary judgment that commercial general liability policies do not apply to ongoing defamation that commences before policy incepts.

Obtained determination by California Supreme Court that Proposition 51 (Cal. Civ. Code §1431.2) applies to latent-injury conditions which first manifested or were first diagnosed after the initiative’s effective date.

Affirmation of District Court order granting motion for summary judgment in medical-malpractice action alleging civil rights violations.

Obtained reversal of order disqualifying counsel for alleged unauthorized contact with party represented by counsel.

Affirmation of summary judgment of no duty to defend or indemnify three underlying actions arising from violations of the Clean Water Act (33 U.S.C. § 1344).