John D. Hershberger, Esq., Partner

  • Education

    UCLA (1979), B.A., Summa Cum Laude, Phi Beta Kappa

    Georgetown University (1983), J.D., Cum Laude
  • Bar Admissions

    California (January 12,1984)

    Washington, D.C. (1994)

    Florida (2002)
  • Court Admissions

    U.S. Supreme Court

    U.S. Court of Appeals for the Fourth Circuit

    U.S. Court of Appeals for the Ninth Circuit

    U.S. Court of Appeals for the Eleventh Circuit

    U.S. Court of Appeals for the District of Columbia

    U.S. District Court, Middle District of Florida

    U.S. District Court, Central District of California

    U.S. District Court, Eastern District of California

    U.S. District Court, Northern District of California

    U.S. District Court, Southern District of California
  • Awards / Honors

    Law Clerk to Judge William P. Gray, U.S. District Court, Central District of California

    AV-peer review rating from Martindale-Hubbell

    Master, The Louis M. Welsh American Inn of Court

    San Diego Magazine, Top Lawyers in San Diego, Real Estate Litigation (2013 - 2016)

Among other past experiences, Mr. Hershberger is the former Chief Claims Counsel/ Major Claims counsel for Fidelity National Title Group, a former partner/shareholder of Seltzer Caplan McMahon Vitek, and a former senior associate of Baker & McKenzie.

REPRESENTATIVE MATTERS

  • Served as Senior Vice President/Chief Claims Counsel for Fidelity National Title Group (directing claims center operations in New York, Chicago, Jacksonville, and Irvine).​
  • Handled all aspects of title insurance litigation and title insurance coverage--i.e., prosecuted/defended cases for insureds under loan policies and owners’ policies (including case involving validity, enforceability, priority, and reformation of deeds of trust); defended escrow holder liability cases; prosecuted/defended title insurance coverage litigation; defended insurance bad faith claims/cases; handled title insurance coverage analysis/claims investigation; and, prosecuted recoupment claims/lawsuits. Resolved claims/lawsuits regarding access/easements, defalcations, enhanced/expanded policy coverage, post-closing responsibilities, fraud/forgery, gap coverage, improper settlement procedures, local law issues, mechanic's liens, missing interests (lack of authority/capacity), non-policy claims, search/exam errors, survey issues, and underwritten risks.
  • Tried criminal jury trials and obtained convictions on various criminal counts while serving as specially-appointed Deputy District Attorney for the County of San Diego.
  • Co-tried case (San Diego Superior Court) defending international insurance broker sued for negligence and fraud following the insolvency of a Canadian, non-admitted insurance company (Northumberland General) used by the broker to write warranty insurance on wind turbines. Obtained defense verdict after six-week jury trial, where damages sought exceeded $20 million.
  • Represented a non-profit community hospital in a fraud/negligence lawsuit (Circuit Court, Palm Beach County, Florida) against its insurance broker involving a failed "rent-a-captive" excess professional liability insurance program placed with what turned out to be an insolvent Bermuda-based reinsurer (Mutual Indemnity/Legion Indemnity). Helped secure a significant settlement from the broker and its errors and omissions carrier.
  • Defended (as lead counsel) class action lawsuit filed in Los Angeles County Superior Court against life insurance company for alleged fraud and bad faith in the sale and administration of (vanishing premium) life insurance policies. Obtained summary judgment (expiration of statute of limitations) in favor of insurance company.
  • Filed declaratory judgment lawsuit (Circuit Court, St. Johns County, Florida) and obtained summary judgment on behalf of Lloyd's syndicate against insured owner of nursing home in coverage dispute (failure to exhaust self-insured retention amounts) involving long-term care professional liability and general liability insurance.
  • Defended insurance bad faith lawsuit and related litigation (Circuit Court, Hillsborough County, Florida; Circuit Court, Duval County, Florida) filed against homeowner's carrier for failing to settle a wrongful death claim within policy limits when presented with a time-limited settlement demand. A $4.3M judgment was entered against the insured. Negotiated settlement on behalf of the insurer in an amount that was a fraction of the judgment amount.
  • Obtained an award on behalf of a developer of a registered national historic landmark (U.S. Grant Hotel, San Diego, California) after a three-week binding arbitration of a construction defect case.
  • Defended and resolved lawsuit (San Diego Superior Court) to invalidate $13 million trust deed that was part of a $1.3 billion Real Estate Mortgage Investment Conduit (“REMIC”) and obtained judgment reforming trust deed to include provisions inadvertently omitted by lender.
  • Defended and resolved various employment cases (Federal District Court, San Diego) on behalf of a Fortune 500 tire manufacturing company involving claims of racial discrimination, age discrimination, and wrongful discharge.
  • Represented former President and CEO of Fortune 500 grocery store chain in negotiating employment severance agreement.
  • Represented Canadian owners of San Diego sports arena in landlord/tenant dispute involving relocation of a National Basketball Association team (Clippers).
  • Obtained judgment against O. J. Simpson (Los Angeles Superior Court) in breach of contract action arising out of litigation support services provided to him during Los Angeles murder trial.


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| Phone: (858)-587-1800

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