Kristi W. Dean

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Contacts:

• kdean@srclaw.com
• Tel: 818.999.2232 ext. 7726
• Fax: 818.999.2269
• Download vCard (outlook)

Practice Areas:
Commercial Litigation
General Litigation
Insurance

PROFESSIONAL EXPERIENCE

Kristi W. Dean, Principal, is an experienced and skilled trial lawyer who represents business clients in business disputes. She focuses on complex litigation matters and litigates cases in both State and Federal Court.

Ms. Dean has been named a "Southern California Super Lawyer" and recognized as "one of the top" lawyers in Southern California by her peers in Los Angeles Magazine, Law & Politics Media, Inc., and Super Lawyer publications. She celebrated her twenty-fifth year of practice in December 2009.

Ms. Dean represents corporations and business organizations in various litigation disputes, ranging from breach of contract claims to allegations involving partner and shareholder disputes, unfair business competition, trade secret misappropriation, tortious interference, wage-and-hour, shareholder derivative actions, and breach of fiduciary duty claims. She also acts as outside corporate counsel for businesses who seek to avoid litigation through effective risk management techniques.

Ms. Dean has a unique understanding of the operations, procedures, responsibilities and concerns of the insurance industry, including those of retail agencies, surplus line brokers and underwriters in MGA and GA capacities. Her experience spans a broad and exhaustive spectrum of insurance issues, including errors and omissions claims, drafting and negotiating agent and broker agreements, insurance policy construction and interpretation, coverage analysis, first party declaratory relief and coverage litigation, third party defense litigation, and both corporate and regulatory matters specific to the insurance industry. She represents insurance professionals and businesses which are ancillary to the insurance industry such as loss adjusters, premium finance companies, property and risk inspectors, and software providers. Utilizing her knowledge of the inner-workings of the insurance industry, Ms. Dean helps her clients navigate through regulatory and litigation environments. She drafts producer, agency, and compensation agreements. She gives counsel in employee disputes, and ways to minimize E&O claims and risk management.

Ms. Dean has served as a speaker and panelist throughout the United States and U.K. on issues affecting the insurance industry for groups such as the insurance committee of the California legislature on insurance related matters; insurance trade groups including the California Insurance Wholesalers' Association, Los Angeles Insurance Woman's Association, West Valley Claims Association, San Gabriel Valley Claims Association, California Insurance Wholesalers Association; and several Independent Insurance Agents and Brokers Associations. She also is qualified as a continuing education provider for the California Department of Insurance and provides CE courses to her clients.

AREAS OF PRACTICE

• Commercial Litigation
• Unfair Competition
• Sexual Harassment
• Insurance Coverage and Bad Faith Defense

REPRESENTATIVE MATTERS

Litigation

• Defense verdict obtained on behalf of board of director members in suit brought by corporate shareholders.
• Defense verdict obtained on behalf of a wholesale surplus line broker in a negligent procurement claim by an insured.
• Defense award and an accompanying cross claim for affirmative relief on behalf of a retail insurance producer in an unfair competition claim.
• Non-suit in jury trial on behalf of a defendant construction company in a wrongful death claim.
• Numerous successful summary judgments on behalf of insurance companies in coverage disputes/bad faith claims.
• Successful resolutions of claims between insurance brokers in unfair competition and trade secret litigation filed by competitors, including an appellate court affirmation.
• Successful resolutions of sexual harassment and wrongful termination claims on behalf of employers.
• Successful resolution and negotiation of policy releases on behalf of insurers in fraud claims and bad faith litigation matters.
• Successful defense verdicts and settlements of retail and wholesale insurance professional errors and omissions claims, including negligent procurement, placement with insolvent carriers, and mistakenly issued quotes, binders and endorsements.
• Extensive experience litigating California Business and Professions Code section 17200 claims and unfair business competition litigation, both in the trial court and on appeal.
• Favorable settlement for telecommunications company involving shareholder dispute and breach of fiduciary duty claims.

Non-Litigation

• Drafting and modification of agency agreements between insurance carriers and general agents.
• Drafting and modification of producer agreements between retail and wholesale insurance producers.
• Implementation and preparation of compensation/commission agreements between insurance brokers and their employees.
• Creation of separation agreements, employment agreements, personnel manuals, independent contractor agreements and software development agreements.
• Assistance in the formation of business entities, including submission of business entity licenses, organization endorsement appointments and individual licensee applications with the Department of Insurance.
• Drafting of book of business acquisition agreements between competing insurance brokers.
• Drafting of asset purchase agreements between insurance brokerages.
• Presentation of numerous continuing education classes approved by the California Department of Insurance for licensed property and casualty brokers and agents. List of CDI Approved Seminars

EDUCATION

• Bachelor of Arts, Psychology, California State University, Fresno
• Juris Doctorate, Pepperdine University School of Law

MEMBERSHIPS AND ACTIVITIES

• California Insurance Wholesalers Association (“CIWA”)
• National Association of Professional Surplus Lines Offices (“NAPSLO”)
• United States District Court for the Northern, Eastern, Central and Southern Districts of California, and the Ninth Circuit Court of Appeals
• State Bar of California (1984)
• Member of Council on Litigation Management
• Los Angeles County Bar Association
• San Fernando Valley Bar Association
• Approved California Department of Insurance CE Provider

PUBLICATIONS

• At Issue- SRC’s Newsletter

CDI APPROVED SEMINARS

Agency Agreements: Balancing Legalities with Realties (2 hrs)

• This seminar addresses the fundamental considerations for agreements between companies and wholesalers, as well as wholesalers with their retail producers. You will learn how the law defines brokers vs. agents, under what conditions you may be both a broker and an agent, and the legal implications of each. Topics such as binding authority, the legal requirement in handling premiums, termination and indemnity provisions will be addressed.

       California's Fair Claims Settlement Practices Regulations: An Overview of the Basics (1 hr)

• This seminar will set forth the requirements of California Code of Regulations sections 2695.1 through 2695.85, known as the “Fair Claims Settlement Practices Regulations.” Topics such as documentation requirements, time requirement for proper handling of claims, accurate and thorough representation of policy provisions and benefits, and the additional standards required for automobile insurance and property insurance.
  

   

  Monster Hand? Major Claims: Where Does One Begin (1 hr)

• This seminar will define, discuss and analyze the “Major Claim” from the perspective of an attorney who has had life-long experiences in handling major litigation matters, including construction accidents, employment practices, wrongful death, product liability and public entity claims. The seminar will give a 30,000 foot view of the Major Claim, including pre-claim issues, litigation management and post-claims issues. Case studies involving real litigation matters will be used as examples.
  

   

  How to Fairly Compete as an Insurance Professional in a Regrettably Confusing and “Not So Free” Enterprise System (2 hrs and 3 hrs)

• This seminar is designed to inform the insurance professional of the statutory and case law regarding fair and unfair competition. This aspect of law affects the hiring of employees from competitors, the protection and preservation of trade secrets and proprietary information (such as renewal lists, underwriting guidelines, marketing strategies), and what constitutes false advertising. It will educate the attendees on what constitutes proprietary information and trade secrets, how to protect such information from disclosure, and what to do if that information gets into the hands of a competitor. We will address topics such as employment contracts, and the types of non-competition and non-solicitation provisions between an insurance brokerage and its employees.
  

   

  California Anti Fraud Special Investigations Unit Regulations: An Overview of the Basics (1 hr)

• This seminar will set forth the requirements of California Code of Regulation sections 2698.30 through 2698.42, known as the “California Special Investigation Unit Regulations.” It will set forth the requirements of the regulation, including SIU staffing, proper communication with the California Insurance Fraud Division, how to detect suspected insurance fraud, investigating suspected insurance fraud, and the referral of suspected insurance fraud. Attendees will be informed about the documentation requirements for SIU compliance and reporting.
  

   

  Playing the Litigation Game: Documentation and the Successful Defense of E&O Claims (1 hr or 2 hrs)

• This seminar is designed to inform the insurance professional about the need for proper documentation of underwriting files, and the impact it may have on the ability to defend against errors and omissions claims. It will educate the attendees on ways to avoid unnecessary E&O claims through proper documentation and effective communication, and will address many real-life case studies where improper documentation resulted in liability assessed against insurance professionals, what constitutes proprietary information and trade secrets, how to protect such information from disclosure, and what to do if that information gets into the hands of a competitor.

PERSONAL

Ms. Dean is California born and raised, and lives in Tarzana. She enjoys outdoor activities, especially involving her garden, horses and Weimaraner “Gracie”.