Mark Inbody is a Partner in Selman Breitman’s San Francisco office and is a member of the firm’s Insurance, Commercial Litigation, and Construction practice groups. He represents insurers in coverage disputes and litigation, including cases arising out of internet commerce, product liability, construction defect, environmental contamination, professional liability, transportation, and inter-insurer disputes. His clients include regional, national, and European specialty insurers. Mark also has experience in strategic analysis and resolution of multi-million dollar toxic tort claims, including tobacco, asbestos, mold, lead, silica and chemical exposures. Additionally, he has advised excess and umbrella insurers on strategies for managing mass tort casualty losses, taking into consideration both coverage issues and jurisdictional differences.
Mark’s extensive experience in insurance provides him with the ability to evaluate complex coverage issues for efficient resolution of coverage disputes. He works closely with clients and defense counsel to achieve the common interest of efficient resolution of litigation against insureds.
Recognized by his peers, Mark has been responsible for several opinions before California state and federal courts, including Ruiz Food Products, Inc. v. Catlin Underwriting U.S., Inc. (E.D. Cal. 2012) (no coverage for recall under contamination policy); Sentry Ins. v. Double L, Inc. (E.D. Wash. 2011) (no duty to defend successor corporation); Flanigan v. Tudor Ins. Co. (Cal.App. 2009) (no coverage for boundary dispute under broker malpractice policy), and Sokol and Co. v. Atlantic Mut. Ins. Co. (7th Cir. 2005) (no coverage for spoiled peanut butter under CGL policy).
For the two most recent editions of the LexisNexis Matthew Bender Practice Guide: California Insurance Coverage and Litigation, Mark served as a contributor to Chapter Fourteen, on litigating insurance matters coverage, and Chapter Six, addressing professional liability coverage lines. Both chapters discuss related pertinent issues and controlling authorities.
Mark is often called upon by clients for certified training in compliance with the California Fair Claims Handling Act and has also published numerous materials relating to various legal issues, which are available on Mark's articles page.
Originally from Dayton, Ohio, Mark resides in Marin County with his wife Mia. When not helping clients with their legal needs he spends his time engaged in futile pursuits such as cycling and waiting for the Cubs to win the World Series.
- Summary judgment was obtained in an action in which a predecessor corporation claimed insured status under a "products-completed operations policy." The ruling was a matter of first impression under Washington State law, and allowed the client to quickly resolve the remaining liability issues in the underlying personal injury action.
- A bad-faith action seeking over $150,000 in attorneys' fees, plus indemnity, was resolved for $20,000 after summary judgment, based on the insured's testimony and documents filed with the State regarding the insured's corporate status.
- In a coverage action arising out of a patent infringement suit, an agreed reimbursement of $100,000 was obtained in defense fees to our insurer client, following the depositions of the insured and broker.
- In a coverage action arising out of a $47 million construction defect action involving a resort, a voluntary dismissal was obtained when it became clear that our client was likely to prevail on summary judgment under an "Ongoing Operations" additional insured endorsement.
Mark is a Certified Litigation Management Professional (awarded by the Claims & Litigation Management Alliance's Litigation Management Institute at Loyola Law School).
He conducts annual seminars to train insurer clients on compliance with the California Fair Claims Settlement Practices Act.
Northern California Super Lawyers, 2019