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Gene A. Weisberg

Practice Areas:
Insurance Coverage
Environmental-Toxic Torts
Business Litigation

Gene A. Weisberg | Principal
gweisberg@bergerkahn.com
Los Angeles

Gene Weisberg's practice focuses on insurance coverage and complex litigation involving insurers and other businesses. His trial and appellate background extends to many areas of these industries, including matters relating to insurance coverage, bad faith, insurance fraud, construction defect and products liability. Gene has twice been selected by his peers as a Southern California Super Lawyer in the area of Insurance Coverage. Fewer than 5% of California attorneys have received this distinction.

Representing insurance companies in property and liability matters, Gene has written numerous coverage opinions and defended many declaratory relief and bad faith lawsuits involving a variety of issues. These include cases involving landslides, earthquake damage, building mold claims, fire and other building damage and insurance coverage issues arising out of the events of September 11, 2001. His insurance practice also includes insurance fraud investigation, including taking examinations under oath and prosecuting fraud actions. Additionally, he has handled cases involving the enforceability of policy conditions and warranties, time of occurrence questions, suit limitation defenses, advertising injury issues, interpretation of policy exclusions, allocation of defense costs among insurers and many other subjects.

Gene also has had substantial success with subrogation cases where he has helped recover money for the firm's insurance clients in product liability, construction defect and other property damage suits. Beyond his insurance work, Gene has an active general business litigation practice. As a result of his experience in this area, he was given the opportunity to argue a case in The Hague before the United States-Iran claims tribunal. Gene's business litigation practice ranges from products liability matters to business torts and other property damage suits.

Graduating with honors from the State University of New York at Binghamton (B.A., 1976), Gene earned his law degree from the University of Southern California (J.D., 1979). Admitted to the California State Bar in 1979, he has also been admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Ninth Circuit, the United States District Court for the Southern, Central, Eastern and Northern Districts of California, and the United States District Court in Arizona. Gene is a member of the Los Angeles County Bar Association.

An accomplished speaker, Gene has designed and presented seminars on insurance coverage and bad faith issues relating to mold, fraudulent insurance claims, subrogation and other aspects of insurance. He has given these seminars throughout the country for Mealey's, the Property Loss Research Bureau (PLRB), and Continuing Education of the Bar (CEB), among others.

Among his recent publications are 'First Party Property Insurance Coverage For Mold Damage: Does It Exist When The Policy Excludes Loss Caused By Mold', published in Mealey's Litigation Report in April 2002, 'Insurance Coverage Issues In Mold Litigation Cases', published in TortSource, the American Bar Association's Tort and Insurance Practice Section publication, and 'Shaky Ground, Suit Limitation Issues in Earthquake Damage Insurance Cases: When Is A Suit Barred When New Or Additional Damage Is Later Discovered?' published in the 1st Quarter 2001 Verdict, the magazine of the Association of Southern California Defense Counsel. His article on 'Suit Limitation Issues in Disaster Cases' was published in the November, 2000 issue of California Lawyer and 'Subrogation: Insurance Company's Right to Recover What It Pays,' appeared in the Los Angeles Business Journal on May 12, 1997.

Gene volunteers his time to act as a Los Angeles Superior Court arbitrator and mediator. Outside the office, he enjoys playing ice and roller hockey, softball, skiing and golf.
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