Dennis Cusack has devoted his legal career to recovering money owed to companies and individuals under commercial and professional liability and property insurance policies, including general liability, aviation, technology errors and omissions, cyber liability, directors and officers, professional liability, employment practices and commercial property. He is the former chair of Farella Braun + Martel’s Insurance Recovery Group.
Mr. Cusack has recovered insurance monies in matters involving the conversion of commercial passenger aircraft, technology product defects, intellectual property (including patent infringement), mass torts, securities, antitrust and unfair competition, environmental clean-ups, personal injuries, construction design errors and defects, professional malpractice, wrongful termination and discrimination, and a variety of commercial contract and tort claims.
Recent matters include:
Oracle America Inc. v. National Union, N.D. Cal. 2014 14-cv-03935. We recovered through settlement millions of dollars in attorneys fees for claims of disparagement and bad faith litigation brought in patent infringement lawsuits.
John Crane, Inc. v. Admiral Ins. Co., 991 N.E.2d 474 (Ill. App. 2013). Lead attorney on appeal successfully reversing adverse trial court decisions regarding insurance coverage for asbestos bodily injury claims. Appeal restored more than $150 million in available excess insurance for past and future judgments.
Aviation Refinancing Transaction v. Certain Underwriters at Lloyds, San Francisco Superior Court No. CGC-09-494500. Litigated one of the first claims brought under a contingent aircraft hull and liability policy for $19 million in losses arising out of the conversion of commercial passenger aircraft and engines. Resulted in confidential settlement.
Won an arbitration over the amount of money available under a private company management liability policy for settlement of a fraud lawsuit.
Won an arbitration over coverage for legal malpractice claims under a lawyers professional liability policy.
Mr. Cusack’s practice has included single-party and complex multi-party litigation in state and federal courts. He emphasizes strategic approaches that achieve beneficial and cost-effective results through alternative dispute resolution mechanisms, including mediation and specially-designed arbitrations.
Mr. Cusack was selected for inclusion in The Best Lawyers in America in the area of Insurance Law and was the recipient of the 2017 Client Choice Award in the Insurance category for California from International Law Office (ILO) and Lexology. He has written and lectured in California and nationally on insurance coverage issues.
He externed for the Honorable Stanley A. Weigel, U.S. District Court for the Northern District of California.
Mr. Cusack is a member of the Board of Directors, and past President, of Tibet Justice Center, and is a member and past Co-Chair of the Steering Committee of International Tibet Network. He is the author of Tibet’s War of Peace: A Nation’s Nonviolent Struggle for Freedom (Brown Door 2008), and has written or edited numerous books, articles and briefing papers on international human rights law issues relating to Tibet.