Ralph has authored over 600 insurance coverage opinions-- the majority involving aviation insurance coverages such as small aircraft hull/liability, corporate aircraft hull/liability, airline hull/liability, aerial applicators hull/liability, airport liability, hangarkeepers liability, environmental liability, CGL and personal/advertising injury liability.  He has also authored numerous opinions in other areas of insurance such as general liability, professional liability, autos, and truckers.

Ralph is widely recognized as one of the nation’s leading aviation insurance coverage lawyers.  He has also principally or exclusively handled over 100 appeals before appellate courts throughout the country, including the California Supreme Court, the Nevada Supreme Court, all districts of the California Courts of Appeal and the federal Second, Fourth, Fifth, Ninth, Tenth and Eleventh Circuit Courts of Appeals-- the vast majority of which resolved favorably.  More than a third of Ralph’s appellate engagements have resulted in published decisions resulting in significant precedents.

Ralph’s appellate practice involves both direct handling of appeals and assisting trial counsel with appellate-related issues, including preparation of petitions for writs of mandate and post-trial motions.  It also encompasses the handling of non-California appeals-- either directly or as supervising or assisting appellate counsel.

The following is a sampling of some of the appeals that Ralph has handled:

 

Federal Preemption

  • Obtained Ninth Circuit reversal of judgment against airline in product liability indemnity action against manufacturer arising out of passenger injury, with appellate court setting forth applicable preemption standard.

 

Governmental Liability

  • Obtained reversal of $6 million judgment against City of Livermore in personal injury/wrongful death action arising out of helicopter crash at air show at City airport, with appellate court directing entry of judgment in favor of City.
  • Represented aviation insurer in subrogation action against helicopter manufacturer following helicopter crash with affirmance of judgment in favor of insurer-- Tenth Circuit Court of Appeals rejecting manufacturer’s argument that its status as “lienholder-payee” under insurance policy entitled it to immunity from subrogation.
  • Obtained writ of mandate instructing lower court to grant summary judgment in favor of aviation insurer on ground that improperly performed maintenance did not fall within “premises liability” coverage.
  • Represented aviation insurer in Nevada Supreme Court in action regarding coverage dispute arising out of helicopter accident.
  • Obtained reversal of judgment against insurer in case of first impression under aviation insurance liability coverage, with court rejecting trial court conclusion that doctrine of alter ego could be used to extend “insured” status to unnamed corporation, and directing entry of judgment in favor of insurer.
  • Obtained Ninth Circuit Court of Appeals affirmance of summary judgment in favor of aviation insurer in United States District Court for District of Arizona on basis that breach of fiduciary duty and negligent misrepresentation claims fail to satisfy either “property damage” or “occurrence” requirement.

 

Product Liability

  • Obtained partial reversal of judgment against fixed base operator in product liability action arising out of crash of twin Piper aircraft, with appellate court vacating finding of negligence.
  • Obtained affirmance of judgment in favor of ladder manufacturer in personal injury action.
  • Represented airline in product liability indemnity action against aircraft manufacturer for damages arising out of “rejected take-off” of DC-10 aircraft.
  • Obtained affirmance of dismissal of action on basis of inconvenient forum on behalf of aircraft engine remanufacturer in product liability action arising out of fatal air crash in Canada.
  • Obtained affirmance of summary judgment for manufacturer of “closure” incorporated into hot air balloon, in wrongful death action arising out of crash of balloon, with court finding product warning sufficient as matter of law.
  • Obtained affirmance of judgment in favor of aircraft owner, including prejudgment interest, for aircraft owner in product liability subrogation action against aircraft manufacturer and fixed base operator arising out of crash of twin Cessna aircraft.
  • Obtained Fifth Circuit reversal of ruling that insurer could not proceed against component manufacturer on strict liability theory arising out of loss of helicopter during logging operations.
  • Represented supplier of aviation navigational charts in Second Circuit Court of Appeals in product liability action arising out of fatal air crash.
  • Obtained Ninth Circuit affirmance of summary judgment in favor of component manufacturer on ground that exculpatory provision in aircraft purchase agreement inured to component manufacturer’s benefit, in action arising out of gear collapse of large airliner.

 

Insurance Coverage-Bad Faith

  • Represented aviation insurer in bad faith/insurance coverage action arising out of corporate jet accident.  Obtained affirmance of summary judgment in favor of insurer with Ninth Circuit Court of Appeals, in case of first impression finding “substantial compliance” with pilot warranty insufficient to trigger coverage; strict compliance required.
  • Represented primary liability insurer in contribution action by excess liability insurer arising out of underlying construction defect claim.  Obtained affirmance of summary judgment in favor of primary insurer with appellate court rejecting excess insurer’s contention that primary insurer misallocated settlement proceeds between policy years.
  • Obtained writ of mandate in favor of professional liability insurer in bad faith/insurance coverage action in case of first impression, with trial court directed to enter summary judgment rejecting insured’s contention that “notice-prejudice rule” applied to reporting requirements of “claims made” legal errors and omissions policy.
  • Represented aviation insurer in action involving liability coverage under aviation insurance policy in favor of insurer on ground that no causal connection need be demonstrated between applicable exclusionary provision and eventual accident.
  • Represented aviation insurer in bad faith action involving hull coverage under aviation insurance policy with affirmance of summary judgment in favor of insurer on ground that insured failed to meet burden of demonstrating “disappearance” under the policy.
  • Represented aviation insurer in subrogation action against helicopter manufacturer following helicopter crash with affirmance of judgment in favor of insurer-- Tenth Circuit Court of Appeals rejecting manufacturer’s argument that its status as “lienholder-payee” under insurance policy entitled it to immunity from subrogation.
  • Represented aviation insurer in Nevada Supreme Court in action regarding coverage dispute arising out of helicopter accident.
  • Obtained reversal of judgment against insurer in case of first impression under aviation insurance liability coverage, with court rejecting trial court conclusion that doctrine of alter ego could be used to extend “insured” status to unnamed corporation, and directing entry of judgment in favor of insurer.

 

Employment

  • Obtained Ninth Circuit affirmance of summary judgment on behalf of employer in wrongful termination action on basis of ERISA preemption.
  • Obtained Ninth Circuit affirmance of judgment on behalf of helicopter manufacturer in action by discharged employee for national origin and age discrimination.
  • Obtained affirmance of judgment in favor of helicopter manufacturer in age discrimination action by employee experimental test pilots who challenged policy requiring such pilots to retire after age 55, with Ninth Circuit Court of Appeals holding that evidence supported conclusion that mandatory retirement age is bona fide occupational qualification.
  • Obtained affirmance of dismissal in favor of helicopter manufacturer in wrongful discharge, defamation, invasion of privacy and civil rights action brought by ex-employee.

 

Aviation/Major Airline Crashes

  • Represented airline in action arising out of Convair accident resulting in 36 fatalities.
  • Represented airline in wrongful death action arising out of mid-air collision with appellate court finding grief and sorrow damages recoverable in a wrongful death action.
  • Obtained reversal of award against airline on basis that $150,000 award was excessive in wrongful death action arising out of mid-air collision.
  • Defeated “damages” appeal of heirs in wrongful death action arising out of mid-air collision, based upon jury instruction; court, in considering issue of first impression, accepting airline’s argument that deadlocked jury instruction, while inappropriate in criminal action, was acceptable in civil action.
  • Obtained affirmance of summary judgment in issue of first impression in action arising out of mid-air collision, with court holding that surviving spouse of unmarried couple lacked standing to pursue wrongful death action against airline.
  • Represented airline in economic loss action arising out of mid-air collision with court affirming summary judgment and holding, in matter of first impression, that employer lacked standing to seek damages for death of key employee.
  • Defeated plaintiff’s effort to “de-coordinate” actions arising out of mid-air collision, by successfully arguing on behalf of airline that trial court had discretion to keep action in county of accident site, although convenience of witnesses clearly supported different venue.

 

Construction Defect

  • Represented insurer assignee of general contractor in breach of contract/indemnity action against subcontractors arising out of construction defect claims.  Obtained partial reversal of summary judgment in favor of subcontractors.

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Ralph is a licensed commercial pilot with instrument and multi-engine ratings.  His professional activities include the American Bar Association’s section on Tort and Insurance Practice, the Association of Southern California Defense Counsel, the Aviation Insurance Association and the Lawyer-Pilots Bar Association.

Ralph was born in Boston, Massachusetts, in 1954.  He received his B.A. degree in 1976, cum laude, from the University of California, Los Angeles and his Juris Doctor degree in 1979, cum laude, from Southwestern University in Los Angeles, California.  He received the American Jurisprudence Awards in Insurance Law and Conflict of Laws.  He was admitted to the Bar of California in 1979.  He was admitted to practice before the United States Supreme Court in 1986.  He has also been admitted to numerous other courts throughout the country.

 

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