Michael M. Pollak

Born Milwaukee , Wisconsin , 1953.

Admitted to bar, 1979, California , U.S. Court of Appeals, Ninth Circuit, and U.S. District Court, Central, Southern, and Eastern Districts of California .

Education:

University of California , Santa Barbara (B.A., with honors, 1976);
University of California , Davis , School of Law (J.D., 1979). Neumiller Honors Moot Court, Participant and Board member.

Member:

State Bar of California , Association of Southern California Defense Counsel.

Trials:

Mr. Pollak has tried over forty cases in superior and federal courts. He has tried insurance bad faith cases in property, questionable theft, arson, earthquake, accidental fire, misrepresentation, uninsured motorist, concurrent causation, failure to defend, boat sinking, vandalism, auto, and title insurance. Mr. Pollak also has tried cases concerning insurance coverage, bodily injury, declaratory relief, insurance contribution and indemnity, insurance "reverse bad faith," employment discrimination, commercial bad faith, breach of contract, landlord/tenant, fraud, real property, subrogation, and contractual indemnity. He has extensive experience in insurance coverage. Mr. Pollak has argued before the California Supreme Court and California District Courts of Appeal.

Published Appeals:

Martinez v. Traubner (1982) 32 Cal.3d 755

Austin v. Allstate (1993) 16 Cal.App.4th 1812

Utley v. Allstate (1993) 19 Cal.App.4th 815

Monteleone v. Allstate (1996) 51 Cal.App.4th 509

Mercado v. Allstate (9th Cir. 2003) 340 F.3d 824

Pitzen v. Superior Court (2004) 120 Cal.App.4th 1374

Publications:

Mr. Pollak's published articles include

"Carriers Have a Number of Remedies Against Fraud," Los Angeles Daily Journal, July 20, 2000

"A Third-Party Judgment Creditor's Rights Against a Carrier,"Los Angeles Daily Journal, August 14, 2000;

"Between a Rock and a Hard Place: An Excess Verdict Program Can Save the Day,"Verdict, 4th Quarter, 2001;

"Fraud on One Part of Insurance Claim Will Void the Whole Claim,"Los Angeles Daily Journal, August 9, 2002;

"Rights of Lienholders Against Third Parties,"Los Angeles Daily Journal June 23, 2003

"Don't Pile on Causes of Action for Bad Faith Insurance Suits,"Los Angeles Daily Journal April 15, 2004.

Speaker:

Mr. Pollak is a sought-after speaker on insurance law. He has spoken dozens of times, including to the Chartered Property and Casualty Underwriters (CPCU), the Society of Claim Law Associates (SCLA), the Combined Claims Conference, the Pacific Claims Executive Association, and the California Department of Insurance. Recent speaking engagements have included

Excess Verdict Program (CPCU annual national meeting, September 2006)

Preparing for a Deposition in a Bad Faith Case (CPCU All Industry Day, October 2007)   

Judicial Estoppel as a Defense to an Insured's Fraudulent Claim (SCLA, October 2007, CPCU, November 2008)

Summary Judgment Motions (CPCU, September 2009)

Handling Policy Limit Demands (SCLA, November 2009)