Bryan Weiss is Of Counsel in Selman Breitman’s San Francisco office and is a member of the firm’s Insurance practice group. He provides coverage advice to insurers and represents insurers in declaratory relief, bad faith, and insurance-related appeals. Bryan handles claims and disputes arising out of a variety of liability policies, including CGL, homeowners, personal and commercial auto, and professional errors & omissions policies. He also specializes in coverage matters arising out of suits and claims against auto dealers under state and federal statutes.

Extensive experience in Insurance enables Bryan to manage all aspects of a third liability claim, including the ability to evaluate complex coverage issues and work with his clients to successfully resolve difficult matters. He has authored countless opinion letters and coverage position letters on behalf of his clients and has represented insurers at mediations, settlement conferences and arbitrations.  His clients appreciate Bryan’s focus on the bottom line and his cost-effective, solution-oriented approach to resolving coverage disputes.

Bryan has been included in the 2019-2022 editions of “Best Lawyers” in the area of Insurance Law. He has argued a number of cases before state and federal courts and is responsible for several published opinions, including the precedent-setting case of Mez v. Pacific National Insurance Company (1999) 76 Cal. App. 4th 856 (establishing that the “personal and advertising injury” coverage under a CGL policy does not apply to claims of inducing others to commit patent infringement). Other published decisions include Hui v. Sturbaum (2014) 222 Cal.App.4th 1109 (applying the anti-SLAPP statute to a claim against an insurance adjuster for reporting suspected insurance fraud) and Monticello Ins. Co. v. Essex Ins. Co. (2008) 162 Cal.App.4th 1376 (no duty to defend additional insured due to lack of allegations in complaint linking its liability to the work of the named insured).

Bryan has been called upon by clients and organizations to provide presentations on a wide variety of issues involving insurance law and has presented on topics such as insurance coverage for punitive damage awards, application of the “interrelated claims” provision in claims made policies and the interplay between CGL and E&O policies in claims against professionals. He has also published numerous materials relating to the insurance industry, many of which are available on Bryan's articles page.

Originally from the Washington, DC area, Bryan presently resides in Oakland, California. When not helping clients with their legal needs, he enjoys spending time with his Bernese Mountain Dog “Woof,” watching sports, and collecting vintage acoustic guitars.

Published Decisions: 

  • Hui v. Sturbaum (2014) 222 Cal.App.4th 1109 
  • Colony Ins. Co. v. Crusader Ins. Co. (2010) 188 Cal. App. 4th 743 
  • Hudson Ins. Co. v. Colony Ins. Co. (9th Cir. 2010) 624 F.3d 1264 
  • Monticello Ins. Co. v. Essex Ins. Co. (2008) 162 Cal.App.4th 1376 
  • Essex Ins. Co. v. Five Star Dye House, Inc. (2006) 38 Cal.4th 1252 
  • Church Mutual Ins. Co. v. U.S. Liability Ins. Co. (S.D. Cal. 2004) 347 F.Supp.2d 880 
  • Scottsdale Insurance Company v. Essex Insurance Company (2002) 8 Cal. App. 4th 86 
  • Mez v. Pacific National Insurance Company (1999) 76 Cal. App. 4th 856  
  • Floveyor International, Ltd. v. The Superior Court (1997) 59 Cal.App.4th 789 
  • Hartford Fire Insurance Company v. Irene Macri (1992) 4 Cal.4th 318 

Published Works:

  • The Prior Knowledge Exclusion in Claims-Made Policies", USLAW Magazine, Fall/Winter 2013 
  • "Application of Unfair Business Practice Statutes to Claims Handling Conduct–the Zhang Decision," IADC Insurance and Reinsurance Committee Newsletter, October 2013 
  • "California Courts and the Duty to Initiate Settlement Negotiations: Ramifications of the DU Decision(s)," IADC Committee Newsletter, Insurance and Reinsurance, Bad Faith Subcommittee, February 2013 
  • "The Duty to Defend 'Inextricably Intertwined' Actions," IADC Committee Newsletter, Insurance and Reinsurance, April 2012 
  • "Covered Events," Defense Research Institute, Co-Editor 
  • "E-risk: Managing Risk in the Information Age," AIC, Allianz Insurance Company, April, 2001 
  • "Insurance Coverage for Inducement to Commit Patent Infringement Claims," Federation of Insurance and Corporate Counsel Quarterly, Spring, 2000 
  • "Article, Liability of Service Personnel for Injuries Caused by Defective Products," Phi Magazine (Germany), March, 1996 
  • "Article, Coverage Issues Raised by Employment Discrimination and Sexual Harassment Claims," Defense Research Institute Insurance Coverage Seminar, June, 1994 
  • "Sexual Harassment: What It Is, What It Isn't, and Who Signs the Check for Defense or Indemnity," Federal of Insurance and Corporate Counsel Quarterly, Summer, 1996 
  • "1983 California Court of Appeals Survey-Entertainment Law," 6 Whittier L. Rev. 391, 1984 

Professional Associations and Memberships:

  • Former Chair of the USLAW Insurance & Risk Management Practice Group 
  • Vice-Chair IADC "Defense Counsel Journal" for the Insurance & Reinsurance Committee 
  • Fellow - American College of Coverage Counsel  
  • Defense Research Institute - Co-Editor, Insurance Law Committee Newsletter; Vice-Chair of Publications for Insurance Law Committee; Member, Insurance, Appellate, and Life, Health & Disability Committees 
  • PLRB – Instructor 
  • Included in 2020 edition of "Best Lawyers" for Insurance Law 

 

Related Practices

Bar Admission

California (1987)

United States District Courts (Southern, Central and Northern Districts)

9th Circuit Court of Appeal

Education

Whittier Law School, J.D. (1985) (cum laude)

Tulane University, B.S. (1982)