Don Montgomery is an Associate in Selman Breitman's Los Angeles office and is a member of the firm's Insurance practice group. He represents insurers in coverage and related matters, with an emphasis in third party property-casualty issues in the construction, auto, and environmental arenas. Don's practice includes the preparation of coverage opinions, reservations of rights, and declination letters, as well as the litigation of insurance coverage matters, including declaratory relief, equitable contribution and bad faith claims, from inception through trial and appeal. His experience also includes primary/excess issues and the representation of surplus lines carriers.

For the three most recent editions of the LexisNexis Matthew Bender Practice Guide: California Insurance Coverage and Litigation, Don served as a contributor to Chapter Four, on commercial general liability coverage, and Chapter Eight, which discusses rescission and reformation. Both chapters discuss related pertinent issues and controlling authorities.

Prior to joining Selman Breitman, Don represented commercial transportation carriers in personal injury and premise liability matters, including defense of catastrophic injury actions arising out of interstate trucking and transportation accidents.

Representative Matters:

  • Donald drafted the winning appellate brief in Yu v. Interstate Fire And Casualty Company, et al., 2014 WL 6783153, unpublished, following a successful bench trial in an insurance coverage action for breach of contract, equitable contribution and bad faith brought by the owner of a hotel after obtaining an assignment from the insured and other entities, saving the insurer client millions of dollars.
  • Donald drafted a successful motion for summary judgment on behalf of an insurer addressing the exclusive defense language in the insuring agreement of a commercial general liability policy in a contribution action filed by a co-insurer.

Presentations:

  • "Implications Of Pulte II: American Safety’s Ongoing Operations Limitation Upheld By Federal Court In California," In-House MCLE, August 2018
  • "Independent Counsel – What You Need to Know," Client Seminar, October 2016
  • "An Insurer's Duty to Settle Construction Defect Claims," Client Seminar & In-House MCLE, September 2015

Related Practices

Bar Admission

  • California, 2004
  • U.S. District Court Northern District of California

Education

Southwestern University School of Law, J.D., 2004

California State University Northridge, B.A., 2001

Major: Political Science