Defining the Law in California Appellate Courts

In his successful appellate practice, W. Eric “Ric” Blumhardt presents legal arguments cogently and concisely, crystallizing his client’s position in the simple yet compelling fashion that appellate matters require. When Archer Norris clients pursue their appellate rights beyond the trial court, Ric coordinates seamlessly with the original trial counsel to craft the most effective presentation to the appellate court.

During his distinguished career before federal and state appellate courts, Ric has obtained many published decisions. These include:

• Gorman v. Tassajara Development Corp., 178 Cal. App. 4th 44
• Gundogdu v. King Mai, Inc., 171 Cal.App.4th 310
• Arntz Builders v. City of Berkeley, 166 Cal.App.4th 276
• Madden v. Summit View, Inc., 165 Cal.App.4th 1267
• Urhausen v. Longs Drug Stores California, Inc., 155 Cal.App.4th 254
• Safeco Insurance Co. of America v. Superior Court, 71 Cal.App.4th 782
• Lambert v. Carneghi, 158 Cal.App.4th 1120.

Focused on Insurance Coverage for Industries Statewide

Providing insurance coverage advice and litigating disputes over coverage are another aspect of Ric’s practice. Over the course of his career Ric has developed a practice that focuses on issue assessment and analysis.

Complex Litigation Counselor Valued by Insurers

A highly respected litigator for insurance carriers, Ric manages interpretation and litigation cases involving most insurance policies, including Commercial General Liability (CGL), Directors & Officers (D&O), Errors & Omissions (E&O), and Homeowners policies. 

His two decades of favorable coverage dispute outcomes include complex cases involving construction defects, food contamination environmental remediation disputes, additional insured endorsements, and allocation of defense and indemnity payments among multiple insurers.

A Trusted Leader in the Defense Bar

Ric was a long time Board member and recent past President of the Association of Defense Counsel of Northern California and Nevada.

Appellate

• Statute of Limitations - Gondogdu v. King Mai, Inc. (2009) 171 Cal.App.4th 310: Representing a builder sued for construction defects, the court of appeal upheld summary judgment in favor of the builder finding that the action was barred by the 10-year statute of limitations in Code Civ. Proc. §337.15, notwithstanding the fact that the builder owned the property for almost a year and a half from the time the construction was complete until the owners purchased it. The owners alleged damages from work during construction of the building.
• Real Estate Appraisal/Arbitral Immunity - Lambert v. Carneghi (2008) 158 Cal.App.4th 1120:  Arguing arbitral immunity, our firm’s original arbitration award was upheld by the First District Court of Appeal and the Supreme Court of California. The case involved a real estate appraiser’s work in a fire insurance claim.
• Government Tort Claims - Arntz Builders v. City of Berkeley (2008) 166 Cal.App.4th 276: Representing a general contractor against the City of Berkeley involving the proper interpretation and application of California’s Government Tort Claims Act.
• Privette/Toland Doctrine - Madden v. Summit View, Inc. (2008) 165 Cal.App.4th 1267: In affirming summary judgment in favor of our client, the opinion clarified existing law regarding the Privette/Toland doctrine and the level of affirmative conduct necessary to impose liability on a general contractor for injuries to an employee of a subcontractor.
• ADA Claim - Urhausen v. Longs Drug Stores California, Inc. (2007) 155 Cal.App.4th 254: Opinion addressed the application of the California Disabled Persons Act.
• Contribution/Subrogation - West Coast Fire v. Financial Pacific Ins. Co. (2006) 2006 WL 1076756: This unpublished opinion addressed the doctrines of contribution and subrogation (and their differences) in the context of a dispute between co-insurers.
• Insureds’ Privacy - Connecticut Indemnity Co. v. Superior Court (2000) 23 Cal.4th 807: The opinion addressed the propriety of the issuance of legislative subpoenas to insurance carriers to obtain records pertaining to their insureds allegedly responsible for environmental contamination.
• No Action Clause - Safeco Insurance Co. of America v. Superior Court (1999) 71 Cal.App.4th 782: The opinion addressed the application of the “no action” clause of a CGL policy.
• Harbor Insurance Co. v. City of Ontario (1991) 231 Cal.App.3d 927: The opinion addressed the obligation of an insured to cooperate with its insurer and affirmed the insurer’s right to negotiate a settlement on behalf of its insured, under a policy with a substantial self-insured retention.
• Syufy Enterprises v. St. Paul Surplus Lines (9th Cir. 1996) 73 F. 3d 1154.

Insurance Coverage and Bad Faith

• Outside Directorship Coverage/D&O - Successfully defended against a $50 million claim for coverage arising out of the demise and bankruptcy of At Home, on the ground the Insured Corporation did not qualify as a Minority Held Corporation under the Outside Directorship endorsement.
• D&O Coverage - Numerous disputes representing insurers in Directors and Officers high-demand coverage disputes; ongoing representation of an insurer in $50 million coverage case with the board of directors of a bankrupt national retailer.
• Foodborne Illness - Managed complex coverage issues for insurers involved in high-profile E.coli outbreak traced to ready made spinach salads sold in supermarkets.  The case, which involved three deaths and 80 injuries, was resolved by negotiating favorable terms of coverage on behalf of the insurers for the produce grower and shipper.
• Agribusiness - Representing insurance carriers providing coverage to the agricultural industry including farmers, shippers and suppliers, involving disputes arising out of the growing, shipping and sale of crops.
• Bad Seed - Favorably resolved, on behalf of the insurer,  disputes involving  non-performing seed that produced fruit that failed to meet the purchaser’s expectations. 
• Construction - Successfully managed and litigated numerous construction defect, construction injury and construction business disputes for insurers and their commercial policyholders, including a Government Tort Claims Act case arising out of the construction of Berkeley Library.
• Transportation - Litigate and resolve coverage issues involving the extent and priority of coverage for trucks, automobiles and other vehicles.
• Environmental Contamination - Represented insurance carrier in a dispute with the City of Lodi over coverage for the cost to investigate and clean up  groundwater contamination.  Ric, who appeared before the Supreme Court of California in one aspect of this case, favorably settled the case.