Expert Witness Services
Mr. Kornblum has extensive experience with expert witnessing 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:
Button Transportation Co. v. U.S. Fire Ins. Co.: Solano County Superior Court. Testified on behalf of a plaintiff insured against carrier providing CGL and auto liability coverage to a truck line relating to shipment of almonds that became contaminated. Deposition and trial testimony (September 2004). Verdict for the plaintiff.
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.”
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 (August 11, 2003). Verdict for plaintiff, $1 million compensatory damages; $1 million punitive damages.
Clemco v. TIG: San Mateo Superior Court: deposition and trial testimony in insurance coverage and bad faith case involving toxic torts. Mr. Kornblum testified for a plaintiff against the insurer on bad faith issues. The result is not known.
Wild, Carey, et al. v. Fife: San Francisco 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.
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 unknown.
Hartford Ins. Co. v. Hawkins, Schnabel: Los Angeles Superior Court; deposition and trial testimony (May 2000) on behalf of defendant law firm and lawyers; complicated case by a client against lawyers arising out of lawyers’ representation of another client in which Hartford was an adversary. Testified on insurance and lawyer duty issues. The case settled while jury deliberated.
Smith v. Arnold: San Diego 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.
Phillips v. Bowles & Verna: Contra Costa 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 (April 30, 2002). Verdict for the defendant lawyer.
Black v. Blue Cross: Los Angeles-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).
Gulf Ins. Co. v. Sedgwick Detert Moran & Arnold: San Diego 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 (September/October 2004). The case settled before trial.
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.
Oasis Medical Group v. San Diego Superior Court: Mr. Kornblum testified at a deposition on the relationships of insurer selected panel counsel and the insured clients. The case settled before trial.
Mr. Kornblum has also been cited as a legal authority by the California Supreme Court in Adams v. Mrakami, 813 P. 2d 1348, 1359.