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David P. Bender, Jr.

Shareholder
dbender@andersonkill.com

Dallas

T. 972-728-8753
F. 805-288-1301

Ventura
T. 805-288-1300
F. 805-288-1301

Practice Areas


Insurance Recovery
Environmental Law
Hospitality

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David P. Bender, Jr. is a shareholder in Anderson Kill's Dallas, TX and Ventura, CA offices and is a member of the firm's executive committee.  Mr. Bender, a long-time advocate of policyholder's rights, has helped lead Anderson Kill's insurance recovery practice, representing public and private corporations, financial institutions, private and public educational institutions, and Boards of Directors in coverage disputes with insurance companies.  Mr. Bender also is co-chair of Anderson Kill's Hospitality Industry Practice Group.

Mr. Bender has represented policyholders in international arbitration forums as well as European organizations in US-based insurance coverage disputes.

Mr. Bender is rated "AV® Preeminent™ Peer Review Rated," the top rating, for professionalism and ethics, by his peers as listed in Martindale Hubbell1 and was selected as a "2013 Top Rated Lawyer in Insurance Law."   He is also the recipient of the Client Choice Award for 2014.

He is a member of the State Bar of California, the American Bar Association-Employment Section, and the National Association of College and University Attorneys.  He is Chair of the Board of Advisors for the University of Notre Dame Center for Ethics and Culture.  Mr. Bender is a Trustee for Holy Cross College in South Bend, Indiana, former Chairman of St. Joseph’s Health and Retirement Center Foundation, former Director of the Board of Hospitaller Brothers Health Care of California, Inc., former President of Catholic Charities for Ventura County and Member, Board of Directors of the Boy Scouts of Ventura County.

Representative Engagements:

Mr. Bender has represented numerous private and public entities in coverage disputes against insurance carriers and joint powers agencies. He recently won a binding arbitration hearing against the London and Bermuda reinsurance markets on a significant coverage dispute involving the 2003 California wildfires. He has collected millions of dollars from carriers on behalf of policyholders including $25 million in policy limits on behalf of a major retailer. He also represents two major California municipalities in separate challenges regarding policy benefits, one of which arises under comprehensive litigation involving a city's affordable housing program. Before forming Wood & Bender, with David Wood, Mr. Bender was a partner in the Los Angeles office of Epstein, Becker & Green.

Publications

Mr. Bender is an author of the guide, Corporate Policyholders' 50-State Guide: The Right to Independent Counsel, the first state-by-state guide that equips in-house counsel to address the legal conflicts that may occur when a policyholder needs legal representation and the insurance company selects the attorney.

Mr. Bender has also written numerous articles on insurance coverage.  Recent publications include:

"How To Maximize Insurance Recovery For Employee Crime," Anderson Kill Hospitality Alert (October 2013), Hospitality Lawyer Converge magazine (October 11, 2013) and Law360 (October 30, 2013)

"Insurance Coverage For Hotels Facing Fungi and Bacteria Claims," Hospitality Lawyer, Converge magazine (May/June 2013) (with Michael J. Stoner)

"Additional Issues:  Maximizing Coverage for Additional Insureds," Hospitality Lawyer, Converge magazine (March/April 2013) and AKO Hospitality Alert (October 2012) (with Diana Shafter Gliedman)

"Attorney Conflicts of Interest: A Tool for Insurance Companies," Enforce: The Insurance Policy Enforcement Journal, Volume 7, Issue 1 (2009) and Corporate Counsel (July 2009) (with William G. Passannante) 

"Are America's Corporations Getting the Coverage They Pay For?," published in D&O Advisor, (January 2003)

"Corporate Governance Best Practices: An Independent Analysis of Your Insurance Policies and Procedures," published in D&O Advisor, (June 2003)

"Rescission: The Devil is the Details Here's How Corporate America Can Find Him!," published in D&O Advisor, (June 2003)

"Managing the Risk in the Outsourcing of Services," published in Inside Supply Management, (September 2003)

"Rescission: the Devil is in the Details," published in Enforce, Vol. 1 (2003)

"Public Entities Suffer a Perfect Storm of Insurance Problems," published in Enforce, Vol 3, Issue 2, (2005)

"The Neglected Role of Insurance in M&A," published in The John Liner Review, (September 2005)

"Constructing a Solid Foundation as an Additional Insured," published in The John Liner Review, (December 2005)

"The Battle Over Insurance Claims," published in Builder & Developer, (July 2006)

"Reducing Liability through Strategic Risk Management Practices," published in Today's Facility Manager (May/June 2006)

"Managing Risk Though an Insurance Policy Audit," published in Construction Executive, (July 2006)

"Insurance Coverage For Employment Claims: Buyer Beware," published in The John Liner Review, (May 2006)

"Alternative Dispute Resolution in Insurance Coverage Disputes," published in The John Liner Review, (November 2006)

"Re-Insurance Arbitrations Bad For Insurance Companies and Bad for Their Policyholders," published in The John Liner Review, (Spring 2007).

Speaking Engagements

Mr. Bender is a frequent speaker on insurance policy enforcement matters at regional meetings of ACC (Association of Corporate Counsel) and RIMS (Risk & Insurance Management Society). Mr. Bender has also spoken at the Mealey's Insurance Litigation 101 Conference Series.

"Insurance Issues Related to Commercial Motor Vehicles and Maximizing Coverage:  Risk Management and Available Options for Trucking Companies," American Conference Institute's 4th National Forum on Trucking Litigation, Chicago, IL (March 31, 2014)

"Managing Litigation as a Business," Association of Corporate Counsel Minnesota Chapter, Minneapolis, MN (March 11, 2014) (with Richard C. Mosher)

"Structuring Sustainable and Profitable Alternative Fee Arrangements (AFAs)," Webinar Program, Ventura, CA (February 28, 2014)

"Focusing on Legal, Safety and Security Solutions on 'CCTV's," 12th Annual Hospitality Law Conference, Houston, TX (February 12, 2014)

"How to Maximize Insurance Recovery for Employee Crime," Academy of Hospitality Industry Attorneys, Los Angeles, CA (November 9, 2013)

"Insurance Trends and Loss Mitigation Strategies," American Association of Port Authorities, Long Beach, CA (September 11, 2013)

"Protecting Your Investment: Understanding Insurance Coverage and the Claims Process," HospitalityLawyer.com Conference, Los Angeles, CA (May 16, 2013)

"Protecting Your Investment: Understanding Insurance Coverage and the Claims Process," HospitalityLawyer.com Conference, Los Angeles, CA (May 15, 2013)

"Defining and Delivering Greater Value to Corporate Clients," Association of Corporate Counsel Value Challenge Program, Seattle, WA (March 21, 2013) (Richard C. Mosher)

"Consorting With the Enemy: What Both Sides in a Coverage Dispute Can Learn From Each Other," CPCU Society Orange Empire Chapter, Santa Ana, CA (March 14, 2013)

"Crime Pays: A Conversation of Fraud, Recovery and Best Practices in the Hospitality Industry," 11th Annual 2013 Hospitality Law Conference, Houston, TX (February 11, 2013)

“Social Media: Avoiding Risk Management and Insurance Recovery Disaster,” 16th Annual Policyholder Advisor Conference, New York, NY (October 25, 2012) (with Darin J. McMullen and Richard C. Mosher)

"@SmartRiskManager: How can I avoid risk management disasters arising out of the use of Twitter and other social media? #risk mitigation #protocols #procedures #employees," Hawaii RIMS Chapter, Honolulu, HI (September 20, 2012)

"@SmartRiskManager: How can I avoid risk management disasters arising out of the use of Twitter and other social media?  #risk mitigation #protocols #procedures #employees," Orange County RIMS Chapter PERK Program, Orange, CA (July 10, 2012) (with Darin J. McMullen)

"Environmental Insurance: It's Everywhere," RIMS PERK Saskatchewan Chapter, Saskatoon, Canada (May 17, 2012)

"Insurance Policies and Your Hotel," Academy of Hospitality Industry Attorneys 2012 Spring Meeting, Nashville, TN (May 4, 2012)

"Enterprise Risk Management - From Loss Mitigation to Strategic Asset Management," AAPA Marine Terminal Management Training Program, Long Beach, CA (October 18, 2011)

"What Every Insurance Professional Needs to Know About Insurance," Houston RIMS Chapter, Houston, TX (October 14, 2011)

"Emerging Legal Issues in Risk Management," Salt Lake City RIMS Chapter, Salt Lake City, UT (March 10, 2011)

"Insurance Litigation Survey," 2011 Hospitality Law Conference, Houston, TX (February 10, 2011)

"Insurance Policy Arbitration Clauses: Pitfalls for Policyholders," 14th Annual Policyholder Advisor Conference, New York, NY (September 23, 2010) (with Finley T. Harckham)

"Meet Your Counterpart:  The Lawyer You Didn't Think You Needed - An Insurance Discussion," Association of Corporate Counsel San Diego Chapter, San Diego, CA (November 10, 2009)

"Insurance Recovery Tactics in Tough Times," Association of Corporate Counsel Nevada Chapter, Las Vegas, NV (September 29, 2009)

"Maximizing Your Insurance Recovery," Washington Association of Corporate Counsel Chapter, Seattle, WA (July 29, 2009)

Press

"Insurance Recovery Firm Anderson Kill Hits Dallas," Law360 (March 5, 2014)

"Hotel lawsuit cases up in economic downturn: Property managers, hotel owners clash," Business Insurance (January 29, 2012)

Contaminated Ground Near Willowbrook Day Care Spawns Controversy, Lawsuit,” [video], CBS Los Angeles (November 10, 2011) and "New Details Emerge in Our Investigation On Contaminated Ground At Ujima Village," CBS Los Angeles (November 11, 2011)

Bar Admissions

California, U.S. District Courts for the Northern, Central, Eastern, Southern Districts of California

Board Memberships

Trustee, Vice Chairman of the Board of Trustees, Holy Cross College, Notre Dame, Indiana; Member, Board of Advisors, University of Notre Dame Center for Ethics and Culture; Member, Board of Directors, Sycamore Trust; Member, Board of Directors, Ventura County Boy Scouts; Treasurer, Academy of Hospitality Industry Attorneys.

Professional Memberships

State Bar of California, American Bar Association (Insurance Section)

Association Memberships

LEGATUS, Academy of Hospitality Industry Attorneys (AHIA); National Association of College and University Attorneys; Legatus; American Association of Port Authorities

Education

Southwestern University School of Law, J.D.
University of Notre Dame, B.A.

  
 

1AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.



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