PROFESSIONALS

Matthew C. Lovell

Partner
blank image Matthew C. Lovell
101 Montgomery Street
Suite 2300
San Francisco, CA 94104, US

T: 415.745.3779 F: 415.745.3771
Matt handles complex insurance coverage disputes and bad faith actions.


He has litigated a wide-range of coverage issues, including claims for defense and indemnity under commercial general liability policies (both bodily injury/property damage and personal injury/advertising injury coverage parts) and multi-party disputes involving issues such as number of occurrences, exhaustion, attachment, “drop down” due to insolvency, and allocation.

In addition, Matt has substantial experience, including jury trial work, defending personal injury and groundwater contamination matters.

Memberships

  • Litigation Section of the Bar Association of San Francisco
  • Defense Research Institute

Awards & Rankings

Matt won the Food & Drug Law Institute’s 1995 H. Thomas Austern Memorial Writing Competition in 1995, leading to the publication of “Second Thoughts: Do the FDA’s Responses to a Fatal Drug Trial Hint at a Shift in Basic FDA Policy?”. Food & Drug Law Journal, Vol. 51, No. 2 (June 1996).

Before Nicolaides

Before joining Nicolaides as a partner, Matt practiced for 17 years with a large nationwide law firm representing insurers and Pacific Gas & Electric (PG&E) by providing insurance coverage advice and in litigation.

Outside Nicolaides

Matt enjoys traveling with his wife and two daughters and spending time outdoors, including backpacking in the Sierra Nevada and climbing volcanoes in the Cascades. He recently rediscovered the fun of playing live music with a local cover band.

EXPERIENCE
  • Obtained partial summary judgment for major property casualty insurer in federal court, terminating duty to defend based upon amendments to the underlying complaint.
  • Obtained summary judgment finding that insurer client had no duty to defend or indemnify the insured for underlying crop-damage case, on grounds that chemical drift from aerial application of chemicals did not potentially cause property damage and, if it did, pollution exclusion excluded coverage.
  • Obtained summary judgment in federal court on the grounds that insurer did not owe duty to defend claims concerning false and misleading statements in advertising regarding the quality and benefits of the insured's products, and infringement of registered trademarks.
  • Obtained partial summary judgment in Illinois federal court for liability insurer on policyholder's statuatory bad-faith claims (lllinois Insurance Code Section 155), by establishing a bona fide coverage dispute precluding finding that insurer's actions were vexatious or unreasonable.
  • Obtained affirmance by California Court of Appeal of ruling that client owed no duty to defend under bodily injury/personal injury coverages relative to alleged conspiracy and fraud involving scheme to underpay uninsured/under-insured motorist benefits.
INSIGHTS

ADDITIONAL SPEAKING & WRITING

  • Co-Presenter, "New Strategies for the New Year," January 2017
  • Speaker, “Insurance Bad Faith: Settlement and Failure to Settle,” Pincus Professional Education’s Insurance Bad Faith Litigation CLE Seminar, February 2015
  • Speaker, “Implications and Effects of the California Supreme Court’s Decision in Zhang v. Superior Court,” Sedgwick’s 5th Annual Developments in Regulation and Litigation for the California Insurance Market Seminar, February 2014
  • Speaker, “Discovery Requests: Defining Permissible Limits Within the Scope of Discovery,” ACI's 26th Annual National Advanced Forum on Bad Faith Litigation Seminar, November 2013
  • Speaker, “Overview of E-Discovery in California,” State Compensation Insurance Fund Insurance Company, January 2013
  • Speaker, “A Practical Guide to E-Discovery,” State Fund Insurance Company, May 2010