David Hofmayer’s practice concentrates on general business litigation, with an emphasis on insurance policy recovery disputes.
As a litigator, David’s responsibilities encompass the full scope of initial, foundational elements of assembling a case, particularly discovery. This phase of large or complex cases is exceptionally labor-intensive, but also essential to developing the evidence, facts, and strategy the balance of the proceedings rely on. In this role, he is intimately involved in both propounding and responding to discovery, as well as the subsequent document review. He also engages in discovery motion practice – drafting, replying to, and arguing discovery motions – and defends depositions.
Insurance recovery disputes follow a somewhat different trajectory. In these cases, David is a member of the team representing the insured, and is responsible for advocating for more complete reimbursement or coverage for a loss. Initially, the process begins with negotiation with the insurance company, and depending on the facts at hand, can be concluded at that state, or proceed into mediation or litigation. David is deeply involved at both an operational and a tactical level.
David has a special interest in developments in insurance recovery that arise from rapidly-advancing technology. As one example, as the use of autonomous vehicles becomes more widespread, the personal liability typically contemplated by insurance policies will be significantly decreased, but there will be corresponding increases in product liability claims, including against parties in the supply chain who provided components but were not directly involved in a specific incident. These parties will need to reconsider their insurance requirements. As another, cyberinsurance will be rapidly-expanding area of coverage and disputes, as data breaches and hacking become more widespread. David has both blogged and spoken about these topics, and has an ongoing interest in exploring the strategic implications to his clients of advances in technology, and the corresponding changes (or lack thereof) in the insurance that protects them.