Joan E. Cochran
Professional Liability, including Insurance Brokers. Employment Practices Liability, Miscellaneous Professional Liability, Legal Malpractice, Architects & Engineers and Real Estate Brokers; Cyber/Data Privacy and Security; Construction Defect; Property and Casualty, Healthcare; Marine and Energy, including Freight Forwarder and Marine Cargo, Motor Truck Cargo; Insurance Bad Faith; Entertainment Law and Intellectual Property; Insurance Coverage; Insurance Regulatory & Compliance.
1987, California, U.S. District Court, Southern, Northern, Eastern and Central Districts of California and U.S. Court of Appeals, 9th Circuit
Capital University, J.D.
Los Angeles County (Member, Sections on Insurance, Property and Professional Liability) and American Bar Associations; State Bar of California.
Joan E. Cochran is a trial lawyer and civil litigator, practicing for more than 30 years in the Practice Areas set forth above. She started her California based law firm in 1999 and was previously a junior partner with the New York law firm of Mendes & Mount, LLP. She also conducts educational seminars for clients with regard to California Fair Claims Practices Certification and policy wordings, as well as continuing education in the above described Practice Areas.
She is a member of the Professional Liability Underwriting Society, Claims and Litigation Management Alliance, (CLM), Defense Research Institute, The American Bar Association, The State Bar of California, The Los Angeles County Bar Association, Entertainment Law and Intellectual Property Section, NAPSLO and Women in Claims – London.
Hobbies include hiking, jogging, skiing and passionately supports needy children and their families in third world countries.
- Recently litigated and resolved several event cancellation matters involving music artist;
- Successfully litigated and settled numerous broker liability cases;
- Successfully litigated and resolved numerous construction defect cases on behalf of developers, subcontractors and general contractors;
- Successfully litigated, tried and/or arbitrated numerous construction defect cases on behalf of developers, subcontractors and general contractors;
- Recently won several motions for summary judgment on behalf of employers and won a jury trial on a recent employment case;
- Recently successfully resolved bad faith case against insurer after winning a motion for summary adjudication of issues;
- Won several broker errors and omissions cases on summary judgment;
- Recently won a motion for summary adjudication of issues that led to the successful resolution of a legal malpractice case;
- Won several jury trials in the areas of construction defect, business litigation, employment and insurance;
- Won numerous appeals to the state, federal and Supreme Court both published and unpublished which include:
- Sentinel Community Bank v. Certain Underwriters at Lloyds London (1999), Appellate court affirmed summary judgment motion finding no duty to defend the insured under the terms of the policy based upon the coverage grant and exclusions.
- Gomes v. Far East and Certain Underwriters at Lloyds London (1999), Appellate Court upheld rescission based upon the failure of the insured to disclose material facts in the policy application.
- River City Rentals v. Certain Underwriters at Lloyds London, (2000) Appellate Court affirmed summary judgment motion to exclude coverage based upon the failure of the insured to disclose material facts in the policy application.
- In re National Environmental Waste Corp., 200 F.3d 1266, (9th Cir.(Cal.) Jan 19, 2000), Ninth Circuit ruled that the statute of limitations was extended for a corporation in bankruptcy reorganization when recovery of the claim would substantially benefit the creditors of the estate, even though the claim was not explicitly specified in the plan of reorganization.
- Rappleya v. Campbell (1994) The California Supreme Court overruled the decision of both the appellate court and the trial court and stated that under extenuating circumstances a defendant may be provided more than 6 months to set aside a default judgment.
- Ford v. Miller Meat Co.28 Cal.App4th 1196 (1994) , products liability case found in favor of the supermarket regarding foreign object found in meat.
- Alan C. Gon vs. First State, 871 F2d 863 (1988)-First California case pre-Buss to hold that the insurer has the right to apportion defense costs between covered and uncovered claims.
- Butler v. City of Palos Verdes Estates, 135 Cal. App. 4th 174 (2005). Amicus Curiae brief on behalf of Friends of the Peacock. Appellate Court reversed trial court’s decision that interpreted deed restrictions to prevent City of Palos Verdes Estates’ ability to control feral peafowl population. Appellate Court overruled trial court’s decision, and ruled that the restrictions did permit City of Palos Verdes Estates to manage the feral peafowl.
Appellate and Supreme Court Decisions
Sentinel Community Bank v. Certain Underwriters at Lloyds London (1999); Gomes v. Far East and Certain Underwriters at Lloyds London (1999); River City Rentals v. Certain Underwriters at Lloyds London (2000); In re National Environmental Waste Corp., 200 F.3d 1266, (9th Cir.(Cal.) Jan 19, 2000); Rappleya v. Campbell (1994); Ford v. Miller Meat Co.28 Cal.App4th 1196 (1994); Alan C. Gon vs. First State, 871 F2d 863 (1988); Butler v. City of Palos Verdes Estates, 135 Cal. App. 4th 174 (2005).