Eric R. Little - Managing Partner

Professional Profile

Eric R. Little focuses his practice on policyholders with insurance claims involving liability and indemnity policies, such as:

Employment Practices Liability

Directors, Officers & Entity Liability

Commercial General Liability

Professional Errors and Omissions

Architects & Engineers Errors and Omissions

Media Errors and Omissions

Excess and Umbrella

International

Homeowners Association

Homeowners

and other types of specific risk policies.

Mr. Little’s intellectual property litigation practice has included copyright, trademark, trade dress, and trade secret cases.

Mr. Little’s business litigation practice has included employment, contracts, and business torts.

Mr. Little has extensive state and federal appellate experience in venues throughout the nation. He also has extensive state trial court, federal trial court, and arbitration experience throughout the nation.

Representative Appellate Decisions

Hudson Insurance Company v. Colony Insurance Company, ---F.3d. --- (9th Cir., November 5, 2010). The court found that Colony breached its defense obligation by failing to defend its policyholder pursuant to Colony's "advertising injury" coverage for "infringement of slogan." The court also rejected Colony's "speculation" argument, clarifying that a defense is owed even where all elements of a cause of action are not alleged and the underlying plaintiff does not describe the trademark as a slogan.

State of California v. Allstate Insurance Company, 45 Cal.4th 1008 (9th Cir., 2009), amicus curiae on behalf of the State of California. Disapproved a line of appellate cases on which insurers relied to avoid their settlement and indemnity obligations, holding that a policyholder need only show that the damages were proximately caused by wrongful conduct covered by the policy.

Zen Design Group adv. Cincinnati Ins. Co., 329 F. 3d (6th Cir. (Mich.) 2003). Represented policyholder and secured a full defense paid by the insurer in patent and trademark litigation. Established new law regarding the “infringement of slogan” offense in general liability policies.

Elcom Hardware, Inc. v. Fireman’s Fund Ins. Co., 92 Cal. App. 4th 205 (2001). Represented policyholder and secured a full defense paid by the insurer in patent and trademark litigation. Established new law regarding causation in discrete market segments under “advertising injury” coverage in general liability policies.

David Kleis, Inc. v. Superior Court, 37 Cal. App. 4th 1035 (2nd Dist. (Calif.) 1995). Represented policyholder and secured a full defense paid by the insurer in assault and sexual harassment litigation. Established new law regarding insurer’s defense duty regardless of allegations that the insured’s employee engaged in reprehensible, intentional conduct.

Recent Trials and Arbitrations

FKA Distributing Co. v. Lexington Insurance Co., No. 120041656 JAMS, Los Angeles California, (July 2011). Represented policyholder litigating breach of defense and settlement duty under a Commercial General Liability Insurance Policy. Obtained $816,000 award for defense costs, settlement costs, and value of trademark surrendered through settlement with underlying plaintiff.

Better Business Systems v. Lexington Insurance Company, No. 11 19500334 07 American Arbitration Association, Boston Mass. (Nov. 2007). Represented policyholder litigating settlement obligation under an Employment Practices Liability Insurance Policy. Obtained decision awarding policyholder its settlement costs in the employment suit as well as its attorney’s fees in the suit against its insurer.

Confidential Insured v. Confidential Insurer, American Arbitration Association, Cleveland, Ohio (October 2007). Litigated indemnity obligation under claims made and reported policy.

Bar Admissions