David D. Brisco

Member

San Diego

(619) 685-1704

(619) 234-7831

Recent Publication:

Internet of Things and Subro Update – Where Are We Now? [Subrogation & Recovery Law Blog]

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...

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.

News

Cozen O’Connor Names Six New Shareholders

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).

Cozen O'Connor Attorneys Voted 2016 Best of the Bar by the San Diego Business Journal

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.

Cozen O'Connor Attorney Voted 2014 Best of the Bar by the San Diego Business Journal

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.”

Publications

Internet of Things and Subro Update – Where Are We Now? [Subrogation & Recovery Law Blog]

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...

Notice Rules and Tort Caps in Claims Against Government Entities [Subrogation & Recovery Law Blog]

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...

Mailbag - Subro June 2021 [Subrogation & Recovery Law Blog]

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...

Will Any Expert Do? [Subrogation & Recovery Law Blog]

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,...

Cozen O’Connor’s Howard Maycon Selected as a 2021 California Lawyer Attorney of the Year by Daily Journal [Subrogation & Recovery Law Blog]

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....

Wildfires – A Discussion of Early Investigation Strategies and Resources [Subrogation & Recovery Law Blog]

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...

Are You a Good State or Bad State? A Discussion of Comparative Fault Principles [Subrogation & Recovery Law Blog]

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...

A Thin Line Between Love and Hate: When is There Money in Your Subro Case? [Subrogation & Recovery Law Blog]

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...

Settlement Snags [Subrogation & Recovery Law Blog]

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....

Update on California Fires [Alert]

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.

Vehicle Fire Investigations - A Subro Perspective [Subrogation & Recovery Law Blog]

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...

Battery Problems Spread to Smart Phones

September 14, 2016

Joe Rich and David Brisco discuss smartphone fires related to lithium-ion batteries.

First Known Fatal Accident Involving Autonomous Vehicle [Subrogation & Recovery Law Blog]

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...

CPSC Recalls Hoverboards for Fire Hazards [Subrogation & Recovery Law Blog]

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...

Back from the Future: Hoverboards are Real “Fire Hazards” According to the CPSC and NFPA [Subrogation & Recovery Alert]

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).

The Next Generation of Data Breach Notice Law -- Florida’s Information Protection Act of 2014 [Cyber Law Monitor Blog]

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...

Cozen O'Connor Cyber Law Monitor-The Next Generation of Data Breach Notice Law-Florida's Information Protection Act of 2014

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.

Subrogation Claims Against International Defendants

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

Spontaneous Combustion Alert [Subrogation and Recovery Alert!]

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.

Foreign Arbitration Clauses Invalid Under Carmack [Subrogation and Recovery Alert!]

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.

Recovery Potential in the 2011 New Mexico Ongoing Wildfires [Subrogation and Recovery Alert!]

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.

Event Data Recorders - Looking into Pandora's Subrogation Box [Subrogation and Recovery Alert!]

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.

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!]

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.

Fall 2009 [Subrogation and Recovery Observer]

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

Lightning-Induced CSST Fires: Protecting Your Subrogation Rights [Subrogation and Recovery Alert!]

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

Past Events

Ethical Issues in Subrogation Claims

August 24, 2021 - Webinar

2020 PLRB Claims Conference & Insurance Services Expo

March 08, 2020 - National Harbor, MD

NASP 2019 Annual Conference

October 27, 2019 - National Harbor, MD

Combined Claims Conference

March 07, 2017 - Garden Grove, CA

18th Annual NASP Conference

October 23, 2016 - Colorado Springs, CO

2015 California Learn & Burn

September 10, 2015 - Costa Mesa, CA

2015 Denver Subrogation Seminar

September 03, 2015 - Denver, CO

2014 National Property Insurance Seminar

April 17, 2014 - New York, NY

PLRB 2014 Claims Conference & Insurance Services Expo

March 18, 2014 - Indianapolis, IN

NASP: Southern California Chapter Meeting

March 14, 2014 - Orange County, CA

2011 Rocky Mountain Subrogation Seminar

September 07, 2011 - Denver, CO

Industry Sectors

Education

  • Pepperdine University School of Law, J.D., cum laude, 2005
  • Univ. of California–San Diego, B.A., 2002

Awards & Honors

San Diego Super Lawyers "Rising Star" 2015-2020

  • California
  • U.S. District Court -- Central District of California
  • U.S. District Court -- Eastern District of California
  • U.S. District Court -- Northern District of California
  • U.S. District Court -- Southern District of California
  • American Bar Association