Jeffrey D. Masters

Insurance coverage and risk management counsel for the developer of a major mixed-use community in Los Angeles, comprised of more than 2,000 for-sale and apartment units, retail and commercial space, including negotiation of design professional and construction contracts and negotiation, structuring and contractual implementation of a multi-line rolling OCIP.

Insurance coverage counsel for the negotiation and contractual implementation of a project-specific OCIP for a large mixed-use commercial project in Washington, D.C.

Insurance coverage counsel for the negotiation, structuring and contractual implementation of a rolling OCIP covering several thousand apartment units in multiple states for a national apartment developer and operator.

Insurance coverage counsel for a regional land developer in connection with the negotiation of a rolling OCIP covering more than 400 lots in Las Vegas.

Insurance coverage and risk management counsel for a regional developer in connection with negotiation and contractual implementation of a rolling OCIP covering more than 800 for-sale and apartment units in Northern California.

Represented a national public homebuilder in implementing a new, company-wide liability insurance program, which combined traditional CGL insurance with a special coverage for certain of the builder's warranty obligations to its customers, including legal review and negotiation of the insurance policy form and endorsements, and counsel on legal changes needed to the builder's consumer sales documents, warranty form and operations procedures to implement the new insurance program.

Served as risk management counsel for the developer of a 16-story condominium tower in Southern California, including negotiation and drafting of architect, engineer, and general contractor agreements and legal review and negotiation of insurance policy forms and endorsements for the project-specific OCIP and professional liability insurance programs.

Represented a major land developer in the design, structuring, and implementation of a liability insurance program for a $100 million residential building lot development in Las Vegas.

Risk management counsel for a prominent California non-profit housing developer in connection with for-sale residential development projects with total construction value in excess of $300 million, including insurance coverage counsel for the design, structuring, and implementation of a $45 million rolling OCIP.

Represented a large Southern California property owner in the design, structuring, and implementation of a $100 million rolling OCIP for a portfolio of mixed-use projects comprised of over 2,000 condominium and apartment units and over 100,000 square feet of retail space.

Served as risk management counsel for a California-based multi-family developer in connection with a $350 million (construction value) portfolio of condominium projects in California, Washington, and Nevada, including negotiation and drafting of design professional and construction contracts and negotiation, structuring and implementation of a rolling portfolio OCIP.

Obtained a mediated settlement for a national public homebuilder under its umbrella liability policies on a Chinese drywall coverage claim involving over 200 homes, despite adverse law on the pollution exclusion in the forum state.

Successfully negotiated a settlement for a national homebuilder of complex insurance coverage litigation in U.S. District Court concerning underlying construction defect class action involving over 400 homes, with parallel actions in out-of-state court.

Obtained a favorable settlement for a national REIT under its permanent property insurance policy for a substantial water intrusion loss involving multiple dwelling units and common area in a major mixed-use development.

Obtained a mediated settlement for a bank and its homebuilding subsidiary under multiple CGL and umbrella liability policies in a $350 million reformation and bad faith action arising out of soils and concrete conditions in several hundred homes.

Prevailed on a motion for partial summary judgment for a national public homebuilder. The court ruled that Chinese drywall losses in over 200 homes constituted a single occurrence under a contractors pollution liability policy, which required the client to pay only one self-insured retention.

Prevailed on a motion for summary judgment by our client, a general contractor, against a subcontractor's CGL insurer in a complex fatality action and shifted liability for a $6 million underlying judgment to the subcontractor's insurer under an additional insured endorsement, recovered the client's defense costs, and obtained substantial Brandt fees for the insurer's bad faith.

Recovered 100% of defense costs and indemnity payments for a regional private homebuilder as an additional insured in a construction defect bad faith action against a subcontractor's CGL insurer.

Represented real estate developers in action against insurers seeking coverage for construction defect liabilities.

Represented a risk retention group in defense of action by rail carrier seeking coverage for wrongful death and bodily injury claims.

Served as insurance coverage and personal counsel in obtaining a favorable mediated settlement of a catastrophic bodily injury suit by a construction worker on a major medical facility project in New York City, with 100% of the settlement funding provided by liability insurers for other parties and by the project wrap-up liability insurer for our client, the owner/developer.

Served as insurance coverage and personal counsel in obtaining a favorable mediated settlement of a construction defect property damage claim by our client, the developer of a townhome community in Hawaii, against its wrap-up liability insurer. The client recovered 200% of its initially-estimated repair costs.

Served as insurance coverage and personal counsel in obtaining a favorable mediated settlement of a significant bodily injury suit, including a punitive damages claim, by residents of a new ground up condominium project in San Diego, California, with the bulk of the settlement funding contributed by the wrap-up liability insurer for our client.

Obtained a favorable settlement for a major commercial building owner of a complex builder's risk soft costs coverage claim, including the issue of the number of occurrences and deductibles.

Obtained a favorable settlement for a regional private homebuilder under its umbrella liability policies on a Chinese drywall claim involving over 175 homes, including the issue of the number of occurrences and self-insured retentions

Served as insurance coverage and personal counsel in obtaining a favorable mediated settlement of a multi-million dollar condominium conversion construction defect suit in Boston, Massachusetts by the project homeowners association, with the bulk of the settlement funding contributed by liability insurers for other parties and for our client, the converter.

Successfully prosecuted reformation action against numerous national insurance companies seeking to add coverage for an estimated $500 million in coverage for national developer.