John H. Podesta

John H. Podesta is a Partner in the San Francisco office of Murchison & Cumming, LLP. Mr. Podesta focuses his practice in the areas of insurance coverage and bad faith, business litigation and general civil litigation. In his 20-year practice, he has handled a wide variety of litigated and non-litigated matters involving, for instance, insurance agent's professional liability; license and real estate contracts; entity formation; dispute resolutions; insurance recovery; insurance for environmental contamination; personal injury; commercial and residential fire and water damage claims; construction insurance disputes involving ongoing operations, construction defect and OCIP/wrap-up matters. Mr. Podesta is AV-rated by Martindale-Hubbell.

As a former Claim Supervisor for a major insurer prior to practicing law, Mr. Podesta brings a fresh and unique perspective to insurance coverage and bad faith matters in addition to construction defect cases. With over two decades of experience in the field, he is a specialist with deep and vast knowledge that makes him an aggressive advocate for clients. Mr. Podesta knows how to resolve issues quickly and smoothly, helping clients to achieve their goals cost effectively - whether addressing contract and policy issues or litigating matters. A sampling of his successes as a trial and appellate litigator include:

• Pennsylvania General v. Am. Safety (2010) 185 Cal.App.4th 1515
• Employers Ins. of Wausau v. California Water Service Co. (U.S.D.C. N.D.Cal., Case No. 06-03002 RMW; Mtn. Sum. Judg., August 2008)
• Probuilders Specialty Ins. Co. v. Earth Development (U.S.D.C. D.Nev., Case No. 07-CV-00275 RCJ; Mtn. Sum. Judg., October 2007)
• Maryland Casualty v. Nationwide Mutual Ins. Co. (2000) 80 Cal.App.4th 1082 (Maryland II) Counsel for co- plaintiff
• Maryland Casualty v. Nationwide Mutual Ins. Co. (1998) 65 Cal.App.4th 21(Maryland I), counsel for co-plaintiff

Professional Associations and Memberships

• American Business Trial Lawyers Association
• American Bar Association, Insurance Coverage Litigation Committee; Co-Chair, Construction Sub-Committee
• San Mateo County Bar Association
• Claims & Litigation Management Alliance

Representative Cases

• Pennsylvania General v. Am. Safety (2010) 185 Cal.App.4th 1515
• Maryland Cas. v. Nationwide (1998) 65 Cal.App,4th 21; later proceedings at 81 CalApp.4th 1082

Published Works

• “New Supreme Court Case on Long Tail Exposures: State of California v. Continental Insurance,” Insurance Thought Leadership, August 10, 2012
• "Earth Movement Exclusion Held Ambiguous By Nevada Supreme Court," ABA Insurance Coverage Case Notes, November 2, 2011
• "The First 120 Days of Insurance Litigation," Resolving Discovery Disputes, June 15, 2011
• "When 'Later' is Just Too Late: Early Issue Spotting in Construction Claims and Litigation," ABA Section of Litigation Insurance Coverage Litigation Committee CLE Paper, March 5, 2011; Reprinted by Insurance Thought Leadership, Part 1, January 3, 2012, Part 2, January 5, 2012, Part 3, January 11, 2012
• Co-author, "The Problem with Suspended Corporations in the Present Economic Downturn," Coverage Journal: ABA Insurance Coverage Litigation Committee 20.4: 2010: 20-28; Reprinted by Insurance Thought Leadership, Part 1, February 19, 2012, Part 2, February 20, 2012, Part 3, February 21, 2012
• "New Evidentiary Rules Applied to Insurance Litigation," New Developments in Evidentiary Law in California, Ed. Eddie Fournier. Boston: Aspatore Books, 2010. 29-43
• "Subcontractor General Liability Insurance Concerns," West Coast Casualty Written Materials, February 2008; May 2010
• “OCIP Liability Claims Challenges," International Risk Management Institute, Written Materials presented November 2005

Classes/Seminars Taught

• "The Nuts and Bolts of Wrap-Up Claims," Construction Defect Seminar, Association of Defense Counsel of Northern California and Nevada, April 26, 2013, Walnut Creek, CA
• "Construction Defects Litigation: From A to Z," Continuing Education of the Bar, March 22, 2013, San Francisco, CA
• "Recent Developments in Insurance Law and Their Impact on Construction Risks," ABA 2013 Insurance Coverage CLE Seminar, February 28-March 2, 2013, Tucson, AZ
• "Tools for Successfully Navigating the Subrogation Obstacle Course," Murchison & Cumming Insurance Roundtable, November 13, 2012, San Francisco, CA
• "2011-2012: Emerging Trends in Coverage for Construction Risks," ABA 2012 Insurance Coverage CLE Seminar, March 1, 2012, Tucson, AZ
• Past Guest Speaker at CALPASC's annual meeting
• "Everything a Construction Player Needs to Know About Insurance," Lorman Education Services, December 2006, 2007 and 2008; September 2010
• "Navigating the Uneven Playing Field: Challenges Representing Subcontractors," West Coast Casualty Construction Defect Seminar, May 2010
• "Everything a Construction Player Needs to Know About Insurance," Lorman Education Services, December 2006, 2007 and 2008; September 2010
• "Additional Insured Considerations in Construction Defect Claims," East Bay Claims Association, March 2006
• Co-Leader, "OCIP Liability Claims Challenges," International Risk Management Institute Annual Meeting, November 2005
• "Insurance Coverage Issues for Construction Activities," Santa Clara Bar Association, December 2003
• Guest Speaker, HB Litigation Conferences (formerly known as Mealey's) Conference on Construction Defects and Mold, January 2001