Attorney Profile

Neil S. Lerner

Neil Lerner

Sands Lerner
12400 Wilshire Boulevard, Suite 1300
Los Angeles, CA 90025

Los Angeles

California (CA)

Contact Contact Neil S. Lerner
T: 310-979-9144
F: 310-979-9244

Visit: www.transportationlaw.com
Practice Areas: Transportation/Maritime (70%), Insurance Coverage (20%), Business Litigation (10%)

Transportation/Maritime

Insurance Coverage

Business Litigation

Industry Groups: Maritime Law Association, Transportation Law Association

Profile

Neil S. Lerner has practiced maritime and transportation law in Southern California for 24 years. He represents insurers in first party and third party cases, insurance fraud investigations and coverage matters, and transportation companies in business litigation, class actions, and contract negotiations. He has been featured in the Los Angeles Times, Forbes, and Los Angeles magazine; was named a Go-To Litigation Lawyer by Corporate Counsel Magazine; and appeared on the KTLK premiere of Meet America's Best Lawyers. He represented Cigna (ACE) against notorious insurance fraudster Rex DeGeorge in a scuttling case that started in Italy and ended with DeGeorge in prison in downtown LA. His book about that saga, An Act of Piracy, will be published by Morgan James (NY) in 2012.

Selected To

Southern California Super Lawyers 2012

International Locations

Countries: China, Costa Rica, Mexico, United Kingdom


About Neil Lerner

Admitted: 1988, California

Professional Webpage: www.transportationlaw.com/professionals/

Honors and Awards:

  • Recognized because of experience and expertise as a Certified Legal Specialist in Admiralty and Maritime Law by the State Bar of California on April 5, 2012
  • "Meet American's Best Lawyers-LA's & OC's Finest," KTLK AM 1150.  Selected to be one of three lawyers who participated in radio program's inagural law-talk show. 
  • "Special Tribute to America's Best Lawyers," produced by Sky Radio Network and broadcast on the Forbes Radio Channel on American Airlines, featured guest interviewed on air.   
  • "Go To Lawyer-Litigation" , Corporate Counsel Magazine.
  • Selected to Southern California Super Lawyers, 2012

Special Licenses/Certifications:

  • Recognized because of experience and expertise as a Certified Legal Specialist in Admiralty and Maritime Law by the State Bar of California on April 5, 2012.               

Bar/Professional Activity:

  • State Bar California, Admiralty Law Specialist Certification Program, wrote marine insurance curriculum and participated in panel discussions with state bar officials on whether admiralty law should become a specialty, 2010

Scholarly Lectures and Writings:

  • Author of (high seas) true crime book entitled "An Act of Piracy," about the Rex DeGeorge maritime-legal drama, scheduled to be published, under a publishing contract, by New York book publisher Morgan James Publishing, 2011

Verdicts and Settlements:

  • Elimination of tort of bad faith denial of contract.  Freeman & Mills, Inc. v. Belcher Oil Co., (co-counsel) 11 Cal. 4th 85, 44 Cal. Rptr. 2d 420, 900 P.2d 669, 1995
  • Trial and appeal-Verdict for rescission of marine insurance policy.  Cigna v. Polaris Pictures Corp., 159 F.3d 412, 1998
  • Marine Insurance Judgment-Pacific Insurance v. Kent, 120 F. Supp. 2d 1205, 2000
  • Trial and appeal, motor carrier litigation.  TOBIAS RENTERIA, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. K&R TRANSPORTATION INC., a California corporation; 423 F.3d 1079, 2004
  • Insurance policy time for suit provision upheld.  Grober v. Markel American Insurance Co.,  2006 Cal. App. Unpub. LEXIS 8090, 2006
  • Marine insurance rescission and voiding granted for misrepresenting and concealing material facts on the insurance application.  Markel American Insurance Company v. Woolard, 2007 AMC 2597., 2007
  • California Public Utilities Commission.  Application of Harbor Breeze Corp. for authority to operate as a vessel common carrier in nonscheduled/on-call passenger ferry service between Long Beach, California and all points and places on Santa Catalina Island, lead counsel in adversarial administrative hearing/trial for successful applicant.  2007 Cal. PUC LEXIS 262. , 2007
  • Trial- Verdict for rescission of marine insurance policy., Markel American Insurance Company v. Fitt, 528 F. Supp.2d 1010., 2007
  • Commercial marine open cargo insurance policy coverage requires proof of actual physical loss.  Meridian Textiles, Inc., v. Indemnity Insurance Company of North American, 2008 AMC 1411. , 2008
  • Marine insurance rescission.  N.H. Ins. Co. v. C'Est Moi, Inc., 519 F.3d 937, 2008 U.S. App. LEXIS 5836, 2008 A.M.C. 931, 2008
  • Trial-Defense Verdict, Unfair Business Practices-Maritime Law-Pacific Adventure Cruises Inc., v. Sea Planes, Inc.  Verdicts & Settlements, LA Daily Journal, August 29, 2008
  • Maritime law applied to uphold settlement after mini-trial.  In the Matter of the Complaint of Bruce Gibson, 2009 AMC 2249., 2009
  • One occurrence rule applied to multiple thefts under an inland marine motor truck cargo policy.  Budway Enterprises, Inc. v. Federal Insurance Company, 2009 WL 1014899.  , 2009
  • June 24, 2009.  Admiralty jurisdiction established.  In re the Matter of the Complaint of Mission Bay Jet Sports, LLC., 570 F.3d 1124, 2009
  • September 22, 2009.  Attorney General Suit against Port Truckers Preempted by Federal law and Dismissed By Judgment on the Pleadings.  "Court Rules Harbor Truckers Are Independents," Journal of Commerce, September 24, 2009, "Port Trucker in Los Angeles Wins Hotely Contested Battle Against California Attorney General" MSNBC September 24, 2009
  • August 12, 2010.  Victory in a five week jury trial in Superior Court, San Diego, Department C-71, Case No. 37-2008-00090249, Hon, Ronald S. Prager presiding.  Marine insurance broker vindicated in claim of negligent hiring of salvor and underinsuring a vessel, 2010
  • June 27, 2011.  Summary judgment for a marine terminal operator on the joint venture defense under the LHWCA, firmly establishing this defense in maritime law on the west coast.  Third summary judgment on this issue in 2 years involving 3 different cases.  Perez v. Pacific Crane Maintenance, et al., Case No. NC 042866, Hon. Judith A. Vander Lans Presiding., 2011

Transactions:

  • Sea Planes Inc.  High speed ferry company in Marina Del Rey, co-founder of company.  Took company from business plan to formation to funding to operations to profitability, still active at www.catalinaferries.com

Representative Clients:

  • Princess Cruise Lines, Markel American Insurance Company, Travelers Insurance, Cal Cartage Corporation, Boat U.S., Chubb Group of Insurance Companies, Chartis Marine, Harbor Breeze Cruises.

Other Outstanding Achievements:

  • Speaker, Rescission of Marine Insurance Case Study, Board of Marine Underwriters of San Francisco, 1998
  • Speaker, Marine Insurance, American Marine Insurance Forum, 1999
  • Speaker, Maritime Law, Marine Underwriters of Southern California, 2000
  • Speaker, The Rex DeGeorge Case, IAMI, 2003
  • Speaker, Marine Insurance Fraud, International Association of Special Investigations Unit (IASIU), 2003
  • Honorary Speaker, State of Texas House of Representatives, 2004
  • Speaker, The Rex DeGeorge Case, Houston Marine Insurance Seminar, 2004
  • Speaker, Marine Insurance Fraud, International Association of Marine Investigators, 2005
  • Speaker, Marine Claims, Markel American Insurance Company Seminar, Cabo San Lucas, 2007
  • Speaker, Transportation Law, Transportation Law Association Annual Conference, 2007
  • Speaker, Insurance Fraud, NHCAA (Institute for Health Case Fraud Prevention), 2008
  • Speaker, Admiralty Law, Fort Lauderdale Mariners Club Annual Seminar, 2008
  • Panel Participant, Markel American Marine Insurance Defense Summit, 2010
  • Speaker, Seattle Marine Claims Association, "Pirates on the High Seas: New Risk, Old Risk or Fraud Risk?", 2010
  • Speaker, CNA/U.S. Marine Claims, "The Role and Effective use of Policy Rescission in Litigating Marine Coverage Disputes", 2011

Newsletters:

  • The International Fraud Update Newsletter, “Strictly by Accident,” page 2, by Neil S. Lerner
  • Los Angeles Business Journal, “The case against fraudsters,” page 46, by Neil S. Lerner
  • National Association of Fraud Investigators Newsletter, “Fraud: A Success Story,” page one, by Neil S. Lerner    
  • Fraud Focus Magazine, “Swamped with Suspicion, How Cigna Trumped the Boat Bully Who Sank One Yacht Too Many,” page 4, by Neil S. Lerner

Educational Background:

  • Bristol University (UK), Honor's Program of Political Study, Bristol England, 1980
  • Tulane University, Political Science, 1982
  • The George Washington University Law School (Top 20 Law School, U.S. News), 1985
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