David Capell, a partner at GRSM since 1992, specializes in advice to and litigation on behalf of insurers with regard to their varied business needs. David focuses on addressing the most challenging problems confronting insurers. He is also involved in management of the firm’s national Insurance practice group, having been its chair for many years. His role within the practice group helps him organize nationwide resources to support the insurance industry.
Representative Experience
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Summary disposition or trial of insurance disputes arising out of questions related to liability for contamination, workers compensation, cable television licensing, employment, toxic torts, and other claims.
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Handled cases on appeal involving distinctive issues involving workers compensation insurance, limitations on the scope of conduct for which bad faith damages may be recovered, and punitive damages recoveries against insurers.
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Successfully handled class actions and suits based on Business & Professions Code section 17200, a statute peculiar to California.
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After being asked to take over bad faith case based on denial of healthcare benefits in which key depositions had already been taken, used a variety of motions other than summary judgment to reduce damages for breach of contract from $15 million to $45,000 and then resolved the matter for a fraction of the client’s authority.
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Secured dismissal of class action based on foreign currency exchange practices brought against financial services company.
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Defended bad faith litigation in Arizona arising out of pollution claims, defeating a $20,000,000 property damage claim and, upon reversal on appeal, contribution claims.
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Currently handling coverage litigation involving hundreds of underlying claimants who allege molestation and settlements by a governmental entity totaling almost $300,000,000 and policies in effect for decades.
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Resolved bad faith litigation arising out of fraud claims against various healthcare entities based on overcharging for services with damages potentially exceeding $100,000,000.
Admissions
- California
- U.S. District Courts, California
- U.S. Court of Appeals, Ninth Circuit
Education
- J.D., University of California, Hastings College of the Law, 1984
- Editor, Hastings Law Journal
- B.S., Civil Engineering, University of California, Davis, 1976
Honors
- Chambers USA: America’s Leading Business Lawyers
Recognized as one of the leading Insurance lawyers in California (2009-2024) - Best Lawyers in America® distinction in Insurance Law (2013-2025)
- Super Lawyers® distinction in Insurance Coverage (2019, 2020, 2023, 2024)