Kirk, Lisa L.
Lisa L. Kirk is a litigator whose practice focuses primarily on insurance coverage and bad faith litigation, business litigation, and appeals. She has represented property and casualty insurers in a variety of matters, including complex bad faith cases, large commercial property coverage disputes, and suits arising from natural catastrophes such as the Northridge Earthquake. Ms. Kirk has successfully resolved numerous bad faith cases via summary judgment before trial, and has handled appeals on behalf of insurers in both California and New York.
Her experience includes:
- Obtaining a favorable result in Lee v. California Capital Insurance Company (2015) —Cal.App.4th — (2015 WL 3797827), the first published opinion squarely rejecting the increasingly-common argument by policyholders and public adjusters that an appraisal panel must value only the items submitted to it by the insured alone. Lee reaffirms the rule that appraisers cannot decide coverage issues, and also provides long-awaited clarification that appraisers must resolve issues of scope of repair, including assessment of actual damage and proper method of repair.
- Obtaining summary judgment in favor of insurer, upheld on appeal, on the grounds that an insurance policy’s limits for theft of firearms unambiguously applies to all firearms, regardless of their age, purpose, and use, including firearms that are antiques or investments.O’Dell v. California Capital Insurance Company(2014) 2014 WL 4924360 (unpublished).
- Handling litigation and appeal establishing that CCP §340.9, which revived time-barred Northridge Earthquake claims, did not create a duty on the part of the insurer to investigate newly-discovered earthquake damage claimed by an insured. Cheviot Vista Homeowner’s Ass’n v. State Farm Fire & Cas. Co. (2006) 143 Cal.App.4th 1486.
- Receiving several summary judgment rulings in favor of insurer, upheld on appeal, confirming that insurers’ handling of Northridge earthquake claims did not support breach of contract or bad faith claims.Alexander-Koger v. State Farm Fire and Cas. Co. (2005) 2005 WL 3216261 (unpublished); Young v. State Farm Fire and Cas. Co. (2007) 2007 WL 2084102 (unpublished); Mason Grove Homeowner’s Ass’n. v. State Farm Fire & Cas. Co. (2008) 2008 WL 62530 (unpublished).
Ms. Kirk’s prior experience also includes representing emerging and established communications and technology companies in regulatory proceedings, as well as advising Hong Kong, Taiwan, and other Pacific Rim-based clients on strategic, regulatory, and litigation matters.
Ms. Kirk is admitted to all California State Courts, the U.S. District Court (Northern, Central and Eastern Districts of California) and the Ninth Circuit Court of Appeals.
Areas of Practice
- Insurance Coverage and Bad Faith
- Property Insurance
- Liability and D&O
- McGeorge School of Law, University of the Pacific, Sacramento, California
- J.D. – 1987
- University of Illinois at Champaigh/Urbana
- B.S. – 1984
Professional Associations and Memberships
- State Bar of California, Member
- California Women Lawyers, Member