Small Widget Spot

August 8, 2017

Best Practice: When to Stay in an Insurance Coverage Action

Nicholas J. Peterson, KCEH Law
Nicholas J. Peterson, KCEH Law

Nicholas J. Peterson

Best Practice: When to Stay in an Insurance Coverage Action

I recently came across this helpful article by fellow insurance attorney for policyholders, Erica Villanueva at the fine firm of Farella Braun + Martel LLP here in San Francisco.  Her summary of recent appellate court decisions includes pointers for attorneys in seeking a Motion to Stay an insurance coverage action:

“When a liability insurer wishes to avoid all coverage obligations with respect to a claim against its insured, it may seek an adjudication that it has no duty to defend or indemnify the policyholder.  If the insurer files for such declaratory relief while the underlying litigation is still pending, California insureds will frequently move to stay the coverage action, pursuant to Montrose Chemical Corp. v. Superior Court, 6 Cal. 4th 287 (1993) (“Montrose I”).  The purpose of such a Montrose stay is to avoid the risk of prejudice to the insured in the underlying action, if it is simultaneously forced to litigate an insurance coverage dispute.

In these situations, the insured faces a dilemma:  Should it immediately move to stay the coverage litigation, or wait until it has filed an answer and cross-complaint?  The more principled position might be to minimize any public filings which could force the insured to take positions on factual matters at issue in the underlying litigation.  However, a recent California Court of Appeal decision, Great American Insurance Company v. Superior Court, 178 Cal. App. 4th 221 (2009), suggests that the better practice may be to answer and cross-complain before moving to stay … Read the entire article

July 31, 2017

Super Lawyers at KCEH

Nicholas J. Peterson, KCEH Law

In case you missed the recent press, we are proud to announce that once again Charlie Cochran and Guy O. Kornblum are designated Super Lawyers and Nicholas J. Peterson is named a Rising Star!

 Each year, Thomson Reuters lawyer rating service compiles the prestigious Super Lawyers and Rising Stars lists. Outstanding attorneys who have attained a high degree of peer recognition and professional achievement are recognized as Super Lawyers and Rising Stars. The selections are made using a patented multiphase process that includes nominations, an independent research evaluation of candidates, and peer reviews. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

More Recent Accolades at KCEH

  • Congratulations to Guy O. Kornblum named one of the “10 Best Attorneys” in California by the American Institute of Personal Injury Attorneys for his “Exceptional and Outstanding Client Service.”
  • For the fourth consecutive year, Charlie Cochran, Rachael Erickson, and Guy O. Kornblum are named in The National Trial Lawyers Top 100. 

News

KCEH San Francisco welcomes Attorney Jonathan Kam, Paralegal Ethel Wadsworth, and Office Administrator Linda Dearborn.
May 19, 2017

Nicholas J. Peterson Admitted to the Edward J. McFetridge American Inn of Court

Nicholas J. Peterson, KCEH Law

American Inns of Court, KCEH LawWe are proud to announce that KCEH Senior Associate Nicholas J. Peterson hasNicholas Peterson, KCEH Law been admitted to the Edward J. McFetridge American Inn of Court. The American Inns of Court are dedicated to promoting the highest levels of professionalism in the practice of law, with a mission to inspire the legal community through example, education and mentoring. The principal purpose of the Edward J. McFetridge American Inn of Court is to instill and cultivate the best qualities of the great trial advocates: honesty, courage, industry, judgment, eloquence, wit, and fellowship.

Nicholas Peterson represents corporate and individual insurance policyholders seeking coverage and bad faith damages. He also assists clients in pursuing claims in both federal and state court related to various commercial disputes, contract matters, personal injury, wrongful death, medical malpractice, elder and dependent adult abuse, product liability, intellectual property and employment disputes. His clients include patients, doctors, architects, engineers, hotel owners, and financial advisors, as well as parents, children and loved ones of the deceased and injured.

Interestingly, the practice of law is a “second career” for Mr. Peterson. From 1994 through 2008, he performed and recorded a number of albums as a drummer, percussionist, and singer with numerous bands in his hometown of Seattle, Washington. In fact, in his last music project before attending law school, he recorded an album of original material with a well-known Seattle band that achieved “Gold” status in the United States, both “Gold” and “Platinum” status in the United Kingdom and was the #1 Album of the Year in 2008 for National Public Radio (NPR), Mojo Magazine and Pitchfork Magazine. To date, Nick still enjoys playing around town and providing instruction to other budding drummers whenever he gets the opportunity.

Mr. Peterson is a member of the Bar Association of San Francisco (BASF) and serves as a co-chair of its Barristers Club’s Insurance Practice Section. He is also a member of the San Francisco Trial Lawyers Association and the Northern California chapter of the Association of Business Trial Lawyers.

Areas of Practice:

Insurance Coverage for Policyholders
Insurance Bad Faith Claims
Personal Injury
Wrongful Death
Commercial Disputes
Employment Disputes
Medical and Legal Malpractice
Punitive Damage Actions
Financial Elder and Dependent Adult Abuse

Bar Admissions

California, 2013
U.S. District Court Northern District of California, 2013
U.S. Court of Appeals 9th Circuit, 2013

Education

University of California, Hastings College of the Law, San Francisco, California
J.D. cum laude – 2012
Northwest University, Kirkland, WA
B.A. in Philosophy/Religion, summa cum laude, 2000
Honors: Valedictorian

December 28, 2016

Rising Stars at KCEH Law

Kaitlyn G. Johnson

Congratulations to KCEH lawyers Kaitlyn G. Johnson and Nicholas J. Peterson, both recognized as Rising Stars by Super Lawyers in 2016. Super Lawyers, the Thomson Reuters lawyer rating service, recognizes outstanding attorneys who have attained a high degree of peer recognition and professional achievement. Its annual selections are made using a patented multiphase process that includes nominations and an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Rising Stars at KCEH Law: