Joseph E. Foss

Joseph Foss is a special counsel in the Business Trial Practice Group in the firm's San Diego office.

Areas of Practice

Joseph has extensive experience in all aspects of insurance-related litigation including insurance bad faith, coverage disputes, consumer class actions, and unfair business practices. Joseph has represented insurance company clients at trial, arbitration, and mediation. In addition to California law, Joseph's insurance litigation experience includes federal admiralty law. His practice has also focused on difficult questions regarding an insurer's duty to defend, with positive results for his clients. He has successfully argued on behalf of his clients before state and federal trial courts throughout California. Before joining the firm, he represented numerous healthcare providers at trial, arbitration and mediation in cases involving allegations of medical malpractice and other torts.

Experience

Notable Engagements

• Kalan, et al. v. State Farm - jury defense verdict in insurance bad faith case arising from agent's alleged failure to procure requested coverage.
• Cook v. Allstate Ins. Co., 337 F. Supp. 2d 1206 (C.D. Cal. 2004).
• Farmer v. Allstate Ins. Co., 311 F. Supp. 2d 884 (C.D. Cal. 2004).

Representative Clients

• Allstate
• GPM Mutual
• Horace Mann Insurance Companies
• Infinity Insurance Company
• John Hancock Mutual Life Insurance Company
• State Farm Insurance Company

Articles

Notes

• Santa Clara County Local Transp. Auth v. Guardino, 24 Pepp. L. Rev. 1096 (1997)
• People v. Fields, 24 Pepp. L. Rev. 1409 (1997)
• Lezine v. Security Pac. Fin. Servs., Inc., Pepp. L. Rev. 282 (1998)
• Sea-Land Serv., Inc. v. WCAB, 25 Pepp. L. Rev. 385 (1998)

Insurance Law Blog Posts

• "Genuine Dispute Doctrine Did Not Support Summary Judgment Where Expert Failed To Review All Medical Records," October 27, 2017 

Speaking Engagements

• "Personal Insurance - The Playbook for Preventing and Defending Bad Faith Lawsuits in Personal Lines Insurance: Are Your Claims Handling Practices Keeping Pace with Recent Developments in the Law?" Luce Forward Insurance Litigation Seminar, September 11, 2008

Memberships

American Bar Association

San Diego County Bar Association

J.Reuben Clark Law Society

American Inns of Court - Louis M. Welsh Chapter

Association of Business Trial Lawyers

LEAD San Diego Alumni