David Brisco is responsible for managing a subrogation litigation caseload in various legal areas, including wildfires, product liability, negligence, construction defect and breach of warranties.
David litigates a wide range of cases, including wildfires, intensive product defect lawsuits against many of the largest consumer and commercial product manufacturers, as well as lawsuits against construction entities of all sizes for catastrophic construction losses. His experience also includes pursuing international entities responsible for fires, floods and other losses in the United States. David also advises clients on the use of numerous social media sites to aid in investigating the cause of losses.
David has tried and won cases in California state courts, including a unanimous jury verdict against a copy machine manufacturer for a fire that destroyed a commercial building. David has also obtained numerous judgments in his clients' favor in intercompany arbitration.
David is co-host of Cozen O’Connor’s subrogation podcast, “Subro on the Go”, through which he discusses trending legal, technological, and claims handling issues in subrogation.
David has authored several articles and white papers and is a regular speaker at national industry events including National Association for Subrogation Professionals (NASP) and Property & Liability Resource Bureau (PLRB). Between 2011 and 2020, David has presented on a variety of litigation and property insurance topics, including subrogation investigation, wildfires, negotiation, social media, cyber law, waivers of subrogation, tech product fires and international claims.
David earned his undergraduate degree from the University of California at San Diego in 2002. He earned his law degree, cum laude, in 2005 from Pepperdine University School of Law where he was a member of the Pepperdine Law Review. Recently David was voted into the 2014 Best of the Bar by the San Diego Business Journal and has also been selected as a Rising Star by the Super Lawyers Magazine from 2015-2020.
September 07, 2017
Cozen O’Connor is proud to announce the promotion of six members to shareholders of the firm: David Brisco (San Diego), Michael de Leeuw (New York), John Dickenson (West Palm Beach), Jonathan Lichtenstein (Philadelphia), William Walsh (Seattle), and Ingrid Welch (Philadelphia).
April 11, 2016
Leslie Hulburt and David Brisco (Subrogation & Recovery, San Diego) were featured in the San Diego Business Journal - Best of the Bar 2016.
August 14, 2014
David Brisco (Subrogation, San Diego) was voted 2014 Best of the Bar by the San Diego Business Journal. More than 1,000 votes were cast from 146 firms and solo practices throughout the area. Legal professionals throughout the metro area cast votes and were urged to consider not only colleagues at their firms, but also those outside their walls. No one could make the list based solely on votes from others at the same firm. David said, “The best advice I have received as a plaintiff's lawyer is that nobody likes to pay money to someone they don’t like. So not only is it ok to be a lawyer who is nice/professional, but it is in your client’s best interest.”
September 07, 2021
Smart smoke detectors, vehicle data on key fobs, and geofencing are just a few of the new internet of things technologies emerging today. Subrogation professionals need to be aware of this ever-growing industry, including what new sources of data it provides to the subro investigation and what new...
July 07, 2021
Government tort claims come in a variety of shapes and sizes – broken city water main floods, bridge collapses, dam failures, government vehicles crashing into your insured’s building, etc. And just as the types of losses vary, so do the requirements regarding both placing the government entity on...
June 18, 2021
Do you have a subro question that you are anxious to ask? Then welcome to Subro Mailbag. In this episode, Cozen O’Connor Subro on the Go hosts David Brisco and Joe Rich read and answer questions from our podcast listeners on a variety of subro topics. How do you describe subrogation to friends...
April 09, 2021
Will any expert do? Choosing the right expert is one of the most important decisions to be made in a subrogation investigation. Asking the question of whether an expert is required for your claim is easy; answering the question requires thinking about several complex factors. In this episode,...
March 24, 2021
Howard Maycon has been selected as a 2021 California Lawyer Attorney of the Year (CLAY) by Daily Journal http://ow.ly/Zcc750E6oC2.
We are extremely proud of this recognition for Howard Maycon, as the leader of our California wildfire litigation team....
March 02, 2021
Wildfires continue to be national front-page news, be it the destruction caused by the fires themselves or the litigation that lasts for years after the fire has been suppressed. In the latest “Subro on the Go” podcast episode, hosts Joe Rich and David Brisco are joined by Howard Maycon, lead...
February 02, 2021
While politicians may be more interested in whether a state is a Blue State or Red State, subrogation professionals want to know if a state is what we refer to as a “Good State or Bad State” based on its comparative fault laws. Are you a Bad State where a certain level of fault of your insured...
December 17, 2020
One of the marks of a successful subrogation professional is knowing that line between a case being a closer versus having recovery potential. In this episode of Subro on the Go, David Brisco, Kris Cherevas, and Dana Meyers discuss challenging claims case examples and the important rules and...
October 02, 2020
In the world of subrogation, agreeing on the amount of a settlement is only half the battle. In this episode of Subro on the Go, hosts Joe Rich and David Brisco discuss the various settlement snags that arise at the settlement agreement stage of a subrogation case and how to resolve them....
November 12, 2018
Howard Maycon, Kevin Bush, David Brisco, Phil Berens, Tom Regan and Peter Lynch provide an update on the Woolsey, Hill, and Camp fires in California.
May 24, 2017
Earlier this month ABC news aired a special on what was characterized as an unusually large number of BMW fires across the country while the vehicles were turned off for hours if not days. ABC reported that they investigated over 40 parked car fires across the country over a five year span. Since...
September 14, 2016
Joe Rich and David Brisco discuss smartphone fires related to lithium-ion batteries.
July 15, 2016
The first known fatal accident involving a vehicle operating in a type of autopilot mode occurred in Williston, Florida on May 7, 2016. The accident involved a Tesla Model S electric car that was engaged in Autopilot mode. The driver was killed when the Tesla crashed into a large 18-wheel...
July 08, 2016
On July 6, 2016, the Consumer Product Safety Commission (CPSC) issued a recall for more than 500,000 hoverboards due to fire hazards. The recall involves ten manufacturers, retailers, online retailers and/or US importers, with over half involving the popular Swagway model. The basis for the recall...
May 23, 2016
In this Alert, we discuss hoverboards and recent advisories in response to fire trends associated with hoverboards by the Consumer Product Safety Commission (CPSC) and National Fire Protection Association (NFPA).
May 15, 2014
In a harbinger of data-breach-laws to come, the Florida State Legislature just passed a new Florida Information Protection Act, which establishes tough new notification requirements for businesses and governmental entities. With the rapid increase in data breaches and growing awareness of the...
May 15, 2014
Joe Rich and David Brisco address the Florida Information Protection Act of 2014 which established tough new notification and requirements for businesses and governmental entities in the Cozen O'Connor Cyber Law Monitor blog.
April 02, 2014
How to Navigate Through the Three Hurdles in Claims Against International
Defendants in U.S. Courts, Potential U.S. Legislation Impacting Claims Against International Defendants and The Role of Local Counsel in International Claims
April 20, 2012
Spontaneous Combustion Alert - Subrogation and Recovery Alert! - After speaking to your cause and origin expert on a new large loss you learn that there was no electrical device or other product in the area of origin. You also learn that the usual series of potential causes have been ruled out-arson, negligently discarded smoking material, or the structural wiring to the property. So you ask: How can a fire start when there is nothing there to ignite the fire? Welcome to spontaneous combustion fires.
November 21, 2011
Foreign Arbitration Clauses Invalid Under Carmack - Subrogation and Recovery Alert! - Foreign arbitration clauses are more prevalent than ever in commercial contracts. However, in interstate shipping contract claims under the Carmack Amendment, foreign arbitration clauses have recently been found invalid. This Alert reviews the recent Ninth Circuit Court of Appeals decision in Smallwood v. Allied Van Lines, Inc.
July 01, 2011
Recovery Potential in the 2011 New Mexico Ongoing Wildfires - Subrogation and Recovery Alert! - Following up on our Arizona Wildfire Alert earlier this month, Cozen O'Connor continues to follow the seemingly ceaseless series of wildfires that have been plaguing the United States this year. We offer the attached summary of presently known information concerning the circumstances surrounding the causes of the recent wildfires in New Mexico.
May 31, 2011
Event Data Recorders - Looking into Pandora's Subrogation Box - Subrogation and Recovery Alert! - In an ideal world, subrogation claims arising from product failures are investigated immediately after the loss takes place. However, a number of factors may prevent this from taking place. Event Data Recorders (EDR's) now are being utilized in a number of products, including cars, building alarm systems, and home appliances, serving to record important information regarding the operational history and failure mode of the product.
August 16, 2010
Can I File Suit in The U.S. Against A Foreign Entity, And If So, Is It Worth It? An Analysis of Personal Jurisdiction and Enforcement of Judgments Against Foreign Entities - Subrogation and Recovery Alert! - Have you ever handled a subrogation claim involving a product manufactured outside the U.S.? For most of us, the answer is an overwhelming yes. For such losses, many claims professionals are not aware of the ability to file suit in the U.S. against the responsible foreign manufacturers and sellers. This Alert discusses the criteria for asserting jurisdiction in the U.S. against a foreign tortfeasor, both for losses occurring in the U.S., as well as abroad.
October 01, 2009
Fall 2009 - Subrogation and Recovery Observer - Welcome to the Fall 2009 issue of the Cozen O'Connor Subrogation and Recovery Observer. In this issue, we report on our recent trial victories, notable settlements, and other newsworthy developments in subrogation issues
May 11, 2009
Lightning-Induced CSST Fires: Protecting Your Subrogation Rights - Subrogation and Recovery Alert! - Since the introduction of CSST, there has been an
increase in fire damage caused by lightning strikes. Direct and indirect lightning strikes can energize CSST, inducing current that attempts to use the metal conduit to reach ground.The corrugated design and the thin walls cannot withstand the energy produced, causing a
hole to be melted in the CSST.That hole results in the release of pressurized natural gas or propane into the structure
Events & Seminars
August 24, 2021
November 16, 2020
March 08, 2020
- National Harbor, MD
October 27, 2019
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March 28, 2019
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April 15, 2018
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December 10, 2015
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