Albert Alikin

Albert K. Alikin is a Partner in Freeman Mathis & Gary's downtown Los Angeles office. Mr. Alikin is a highly experienced litigator who focuses his practice on counseling clients in complex insurance coverage and bad faith disputes involving E&O, D&O, fidelity, EPLI, automobile/UIM, residential and commercial property, cyber, and CGL policies. Additionally, he has substantial experience defending directors & officers in commercial litigation and litigating general liability matters including high-exposure bodily injury, wrongful death, and elder & nursing home abuse cases. Mr. Alikin provides comprehensive insurance coverage and litigation counsel to regional, national, and global insurers. He has an outstanding record of successfully representing clients in a variety of matters ranging from high-exposure bad faith claims to lawsuits alleging personal injury and property damage. A widely recognized authority on insurance topics, Mr. Alikin has authored numerous articles and publications on insurance coverage litigation, and is a frequent contributor to organizations such as the DRI and the ABA.

Mr. Alikin has prevailed in trial and appellate courts throughout California and across the nation. He has also represented a wide variety of insurance industry clients such as insurance brokers, agents, and third-party administrators in professional liability actions. His extensive coverage experience spans many industries including accident & health, banking and financial services, commercial and residential real estate, construction, home and auto, education, energy, entertainment and film, government, health care, hospitality, manufacturing, and special events. Additionally, he has substantial experience defending directors & officers in commercial litigation and litigating general liability matters including high-exposure bodily injury, wrongful death, and abuse cases.

California

US District Court

• Quoted in “Coverage in Baldwin Shooting May Be Wanting, Experts Say,” Law360, November 22, 2021
• “Observers: D&O Writers Should Brace for Wave of Costly Diversity Lawsuits”: Eric A. Fitzgerald and Albert K. Alikin in BestWire, February 2, 2021
• “Conditional Settlement Demands: Defusing Third-Parties’ Tactics,” (Contributing Author), Daily Journal, October 7, 2019
• “You Acted in Bad Faith by Refusing to Settle for the Policy Limits, and Now the Policy Limits are Open!” (Contributing Author), DRI In-House Defense Quarterly, 2018
• “Practice Guide – 50 States Unfair Claims Settlement Practices Compendium: California Chapter” (Co-Author), DRI, 2017
• “California Practice Guide: Insurance Litigation – Chapter 8. Multiple Insurers On Risk” (Contributing Author), The Rutter Group, 2016
• “Avoiding the ‘Special’ Relationship Zone for Insurance Brokers,” (Co-Author), Asian Insurance and Finance Professional Association Gala Magazine, March 2016
• “Recent Developments in Fidelity & Surety Law” (Co-Author), ABA Tort Trial and Insurance Practice Law Journal, 2015
• “Practice Guide – 50 States Reservation of Rights Compendium” (Co-Author), DRI, 2014
• “Dissent Maps Potential Challenge to Bad Faith Punitive Damages” (Co-Author), ABA Section of Litigation: Insurance Coverage, 2014
• “Recent Developments in Fidelity and Surety Law” (Co-Author), Tort Trial and Insurance Practice Law Journal, 2013

• Represented a national insurer in numerous mediations, settlement negotiations, and appeal involving underlying bad faith setups in personal injury actions including several excess multimillion-dollar jury verdicts
• Represented a specialty insurer in coverage dispute over underlying solicitation, breach of contract, and trade secret claims between competing regional banks under E&O and D&O policies
• Represented insurer in insurance coverage and bad faith lawsuit brought by non-profit organization under specialty commercial non-profit property policy in connection with fire that involved complex issues of business income loss, extra expense, and period of restoration
• Represented a national insurance company in a first-impression insurance coverage dispute related to underlying privacy claims and lawsuits involving access to medical records stored by a large institutional dental network
• Successfully resolved a high-exposure bad faith lawsuit involving an excess insurer subrogating against a primary insurer over the denial of policy limits demand in the underlying action
• Represented a global insurance company in a massive insurance coverage dispute with a national bank over coverage for underlying class action lawsuits alleging unfair competition and fraudulent business practices related to overdraft fees based on the sequential posting of credits and debits in checking accounts resulting in favorable settlement
• Represented a large regional insurance company in a multifaceted insurance coverage action against a global parts manufacturer over coverage for underlying class action lawsuits in federal MDL alleging defective plumbing products
• Prevailed in subrogation trial involving two primary insurers disputing the interplay between insurance and indemnity contracts with local city and entertainment companies over liability from special event in city
• Prevailed in arbitration involving insurance coverage under EPL policies for three underlying class actions alleging violations of wage and hour laws against a nationwide restaurant chain
• Secured a favorable settlement in an insurance coverage dispute over coverage for an underlying breach of contract, breach of fiduciary duty, and disparagement lawsuit related to a $100 million real estate development project funded by major private equity firm
• Al prevailed on summary judgment on behalf of an international insurance broker facing professional negligence allegations of failure to procure proper inland marine policy that insured priceless video footage of a global celebrity
• Al has defended schools and teachers in actions involving allegations of harassment and child sexual abuse. In a recent case, Al’s defense motion for summary judgment was largely based on the mandated reporter issue, and that no one at the school had actual or constructive knowledge that the abuse was going on. The motion was still pending a decision when the case settled just prior to the Final Status Conference (FSC) right before trial for about 20 percent of the initial demand.

• American Bar Association (ABA): Tort Trial and Insurance Practice Section
• California Asian Insurance and Financial Professionals Association
• Southern California Claims Association
• Defense Research Institute (DRI)
  • Insurance Law Committee: Associate Editor for Covered Events; Social Media Chair
  • Professional Liability Committee
• Claims and Litigation Management Alliance (CLM)

Dismissal Secured Upon Finding No Duty to Indemnify Company’s Willful Fraud Claim in California

Court Sustains Demurrer in Heated Battle Over Alleged Concealment and Fraud in Medical Reimbursement Action In California 

Dismissal Based on Eleventh Amendment Immunity in Medical Board Defamation Suit in California

Dismissal Obtained in Nevada Case Involving “Sunset” Provision in Accident Medical Expense Benefit Policy

Southern California, Super Lawyers, 2012, 2020, 2021

• Presenter, “An Update on the Practical and Legal Insurance Coverage Issues Involving the Pollution Exclusion,” CLE Course, December 11, 2019
• “Automated Claims Handling,” DRI Insurance Coverage and Claims Institute, April 13, 2019
• “The Allocation Game: A Practical Look at Who Wins Under All Sums, Pro Rata and the New ALI Restatement,” ABA Insurance Coverage Litigation Midyear CLE Conference, Tucson, AZ, February 27, 2019
• “Understanding the California Fair Claims Practices Statutes & Regulations and Best Practices,” National Carrier Panel Counsel Seminar, 2017
• “Additional Insureds at Special Events,” California Asian Insurance & Financial Professionals Association, 2016
• “The Differences Between ‘the’ and ‘an’ in Additional Insured Endorsements,” Insurance Brokers of CA Seminar, 2015
• “Avoiding a ‘Special Relationship’ in Insurance Broker Relationships,” California Asian Insurance and Financial Professional Association, 2015
• “Top 10 Tips to Avoid Employment Claims,” California Asian Insurance and Financial Professional Association, 2014
• “Social Engineering: An Overview, Trends, and Caselaw Update,” (Co-Presenter), GS Webinar Series, March 9, 2021
• “Potential Coverage Implications Surrounding COVID-19 Claims,” (Co-Presenter), GS Webinar Series, April 2, 2020
• “Emerging Issues: What Insurers Should Expect for the California Child Victims Act,”(Co-Presenter) GS Webinar Series, January 14, 2020
• “Conditional Policy Limit Demands: Defusing Third Parties’ Tactics,” (Co-Presenter), GIS Webinar Series, September 24, 2019
• “ALI Restatement of Liability Insurance – Gaining Speed or Losing Traction?,” (Co-Presenter), GIS Webinar Series, June 11, 2019
• Contributor, “More Unpacking of the California Consumer Privacy Act,” Timely Notice, March 10, 2020
• Contributor, “Child’s Victims Act: California,” Timely Notice, December 17, 2019
• Contributor, “Unpacking the California Consumer Privacy Act,” Timely Notice, October 29, 2019
• Contributor, “California Bad Faith Setups,” Timely Notice, December 6, 2018