Biography

Ria Cousineau concentrates her practice in complex insurance coverage matters and bad faith litigation. She represents major insurance companies in matters involving all types of commercial and personal lines insurance policies. She also represents agents and brokers in professional liability cases, and handles other general commercial litigation. She has tried cases to juries in several states.

Affiliations, Activities and Accomplishments

Ms. Cousineau is admitted to the bar in California and Nevada as well as the federal districts of both states. She has defended clients through trial in bad faith cases in California, Nevada and Oklahoma and is often called upon to assist attorneys in other regions in preparing cases and witnesses for trial.

She is a member of the ABA, the California and Nevada Bar Associations, the LA County Bar Association, DRI, the Loss Executives Association, and the National Association of Insurance Women.

Ms. Cousineau is also a volunteer mediator/arbitrator for numerous Courts in Los Angeles County including the United States District Court, the CA Court of Appeal (Second District) and the Los Angeles Superior Courts. She has been recognized by the Superior Court of Los Angeles for her continuing service as a volunteer mediator and arbitrator.

Litigation Matters

Appellate Decisions

• MRI Healthcare Center v. State Farm, 187 Cal.App.4th 766 (2010)
  California Court of Appeal affirmed trial court’s summary judgment in favor of State Farm on issue of “accidental direct physical loss” in a bad faith case arising out of a business policy.
• Benavides v. State Farm, 136 Cal.App.4th 1241 (2006)
  California Court of Appeal held that insurers cannot be liable for “negligent investigation” absent covered loss under the policy.
• Orr v. Byers, 198 Cal.App.3d 666 (1988)
  California Court of Appeal (4th District) held the doctrine of idem sonans was inapplicable to recordation of judicial lien.
• Couch v. Equity General 80 B.R. 512 (1987)
  US District Court of CA held Bankruptcy Trustee was not entitled to discover insurer’s loss reserves in a bad faith lawsuit.
• Imperial Tile & Stone v. State Farm (unpublished California Court of Appeals, Second District)
  California Court of Appeal affirmed trial court’s summary judgment in favor of State Farm in bad faith case arising out of alleged duty to defend wrongful termination case.
• Henriks v. State Farm (unpublished California Court of Appeal, Second District)
  California Court of Appeal affirmed trial court’s granting of anti-SLAPP motion arising out of underlying third-party automobile liability lawsuit.

Significant Trials

• Pomerantz v. Kemper Independence (Superior Court – San Diego, CA) Jury verdict of $17,000 (in face of $4.5M demand) in bad faith case arising from water loss claim. (Judgment for Kemper after application of CCP Sec. 998 cost award.)
• Benavides v. State Farm (Superior Court – Los Angeles, CA) Obtained jury verdict in favor of State Farm on causes of action for breach of contract and bad faith arising out of denied mold claim.  (Case affirmed on appeal.
• Plateros v. State Farm (Superior Court – Reno, NV) Obtained a defense verdict in an institutional bad faith case as part of a 3-person trial team. (Five-week trial.)
• Silva v. State Farm (Federal Court – Reno, NV) Obtained a defense verdict in a bad faith case arising out of Uninsured Motorist Coverage claim.
• Worldwide v. State Farm (Federal Court – Santa Ana, CA) Obtained Judgment as a Matter of Law (FRCP 50) in bad faith trial involving substantial business interruption claim arising from a fire at an advertising company.
• Koehler v. State Farm (Superior Court – Los Angeles, CA) Obtained defense verdict in bad faith case arising from earthquake claim.

Dispositive Motions and Significant Settlements

• Sigelman v. State Farm (Superior Court – Los Angeles, CA) Obtained summary judgment for State Farm in bad faith case arising out of water loss at condominium
• Mazen v. State Farm (Superior Court – Los Angeles, CA) Successfully established condominium unitowner has no standing to file bad faith lawsuit against the HOA’s insurer for damage to the individual’s unit.
• Imperial Tile v. State Farm (Superior Court – Los Angeles, CA) Obtained summary judgment for State Farm in bad faith case arising out of alleged duty to defend employment related claim. Affirmed on appeal.
• Sheedy v. Zurich N.A. (Federal Court – Los Angeles, CA) Obtained summary judgment for Zurich on alleged duty to defend advertising injury claim.
• Ahuja v. State Farm (Superior Court – Los Angeles, CA) Obtained summary judgment in favor of State Farm in bad faith case arising from residential fire loss.
• Aladdin Hotel v. Continental (Bankruptcy Court – Las Vegas, NV) Negotiated settlement of a multimillion-dollar claim and bad faith suit arising out of Builder’s Risk policy.
• Conley v. State Farm (Superior Court – Bakersfield, CA) Obtained summary judgment in favor of State Farm in a bad faith case arising from a denial of defense and indemnity in a Worker’s Compensation claim.
• Sypherd v. State Farm (Federal Court – Santa Ana, CA) Obtained dismissal of bad faith case involving denial of claim on the grounds of intentional act (arson).
• Zarcone v. USAA (Superior Court – Santa Ana, CA) Obtained nuisance value settlement on the day of trial in institutional bad faith case involving medical payments coverage on automobile policy.
• Kelesis v. State Farm (Superior Court – Las Vegas NV) Obtained a voluntary dismissal of bad faith case arising from denial of additional benefits under automobile policy.
• Malibu and Laguna Fire Litigation Assisted in the resolution of numerous claims and lawsuits arising out of the Malibu and Laguna Fires, including claims of agency malpractice for underinsuring properties.

Presentations

• "Does the “Reasonably Debatable” Doctrine Have a Future?," presented at DRI's Insurance Coverage and Practice Symposium, New York, NY (December 6, 2012).
• Taking and Defending Depositions, LA County Bar Barristers Nuts & Bolts program, Spring 2011, 2010, 2008.
• “Litigation Planning, Negotiations and Trial Tactics,” presented to claims professionals of a Sedgwick client (September 2, 2009).
• “Primer on Commercial Policies – First and Third Party Coverages,” presented to claims professionals at the offices of a Sedgwick client (July 9, 2009).
• “The Claim File under a Bad Faith Microscope; How will your Adjusters Fare in Bad Faith Litigation,” (July 28, 2008).
• “Innovative and Emerging Theories, with a Duty to Defend Update,” LexisNexis Conferences, Mealey’s Bad Faith Teleconference (August 18, 2007).
• “Insurance Bad Faith Claims in California,” Lorman Seminar, Los Angeles, CA (August 2006).
• “Claims Under a Bad Faith Microscope,” presentation and training for Sedgwick client, Sacramento, CA (August, 2006).
• “California Bad Faith Law,” National Business Institute, Irvine, CA (March 2006).
• “Good Faith Claim Handling,” presentation and training for Sedgwick client, No. Carolina (March 2006).
• “Getting Your Evidence and Expert Testimony Admitted into Court in California,” National Business Institute, Pasadena, CA (May, 2005).
• “Recognizing and Responding to Potentially Fraudulent Losses,” presented at the PLRB/LIRB 2005 Regional Adjusters Conferences (various locations and dates, 2005).
• “Texas No-Fault, UM, and UIM Update,” presented at the PLRB/LIRB Claims Conference, San Antonio, TX (April 2005).
• “How to Avoid Bad Faith in U/M and UIM Claims – A National Perspective,” presented at PLRB/ILRB Claims Conference (March 2004).