PROFESSIONALS

Jeffrey N. Labovitch

Partner
blank image Jeffrey N. Labovitch
4250 Executive Square
Suite 540
La Jolla, CA 92037, US

T: 858.257.0703 F: 858.257.0701
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Biography
BIOGRAPHY
Jeff handles complex insurance coverage matters, advising insurance companies regarding disputes under many different types of coverage, including commercial general liability, employment practices liability, commercial inland marine, errors & omissions/professional liability and commercial property.


His wide-ranging experience includes evaluating and successfully resolving disputes with policyholders and among insurers involving a wide range of exposures including in the following areas:

  • Environmental / Toxic Tort, including asbestos claims
  • Construction Defects
  • Excess Casualty Bodily Injury
  • Employment
  • Professional Liability
  • Business Contract
  • Intellectual Property
  • Marina Operators, including boat dealers losses


Jeff has defended and prosecuted challenging and complex insurance issues at the trial and appellate levels. He also uses his experience to educate claims handlers on legal requirements and case updates, and with training on California's Fair Claims Settlement Practices Regulations.

Memberships

  • American Bar Association
  • State Bar of California
  • Defense Research Institute

Awards & Rankings

Before Nicolaides

Jeff began his legal career in a medium size law firm in Sherman Oaks, California, focusing mainly on general business litigation and legal malpractice. Jeff then served as corporate counsel for the Licensing and Acquisition Department of the trading card giant The Upper Deck Company, LLC, where he negotiated memorabilia and licensing agreements with professional sports leagues and some of the top athletes in the world. Jeff returned to private practice where he has spent almost 20 years dedicated to representing and advising insurance companies on complex coverage issues and claims of bad faith.

Outside Nicolaides

Jeff enjoys spending time with his wife and two very active boys in sunny Southern California. He is an avid sports fan and participates in various recreational activities, including ice hockey, mountain biking and snow skiing. He also enjoys providing on-ice assistance to the coaches of his boys' hockey teams at the local ice rink.

EXPERIENCE

    Case Study

  • Grande North Window Replacements

    In 2021, a window supplier sued for coverage under an OCIP policy to recover the $2.5 million it paid to replace more than 2,000 windows at a condo tower in San Diego, California. The underlying window claims concerned dripping sealant, which created visual obstructions. It was undisputed that the sealant only damaged the windows and that faulty installation did not cause the sealant to drip. The court granted summary judgment in favor of the insurer, finding no coverage under the OCIP policy.

  • Obtained summary judgment for excess insurer on the basis that additional insured vendor’s failure to properly inspect a returned electronic rat trap before placing it back on a shelf with batteries inside, resulting in injury to a customer, precluded any duty to indemnify the vendor for a $9 million arbitration award.  
  • Secured summary judgment on basis that other insurer’s claims for equitable contribution were time-barred by California’s two-year statute of limitations. 
  • Representing international insurer in declaratory relief actions regarding allegations of product failure arising out of the concussion lawsuits filed by former NFL, college and high school football players, involving numerous coverage issues such as trigger, whether the claims are for damages because of bodily injury, and the impact of other policy terms and exclusions.
  • Represents insurers providing liability coverage for Owner Controlled Insurance Programs (OCIP) relative to high stakes construction defect litigations from inception of coverage claim through resolution of entire action.
  • Successfully resolved California coverage litigation involving nuanced issues of the right to independent counsel, client's alleged bad faith, and equitable contribution between insurers providing CGL and E&O coverage through favorable settlement.
  • Represented major insurance companies in multiple litigations concerning claims for coverage from primary and excess insurers for liability arising out of asbestos.
  • Persuaded California Court of Appeal to affirm demurrer in favor of insurer client; panel unanimously ruled that CGL insurer owed no duty to defend or indemnify the insured against an underlying action alleging violations of California Proposition 65.
  • Secured multiple favorable summary judgment rulings in a complex coverage action involving insurers and a developer/general contractor, arising out of underlying construction defect claims, resulting in a significant recovery to the client.
  • Obtained complete victory by summary judgment in unique action concerning allegations that insurance company intentionally interfered with attorney's purported lien on a former client's settlement.
  • Successfully negotiated dismissal of suit for breach of contract and bad faith against insurer client in exchange for a waiver of costs, on grounds that the "owned-property" exclusion barred coverage for claims arising out of water damage to a house the insured built, initially lived in, and subsequently sold.
INSIGHTS