Timothy J. Witczak

Timothy J. Witczak is a litigator in the San Francisco office of Duane Morris, focusing primarily on insurance coverage matters. He represents insurers on a national basis in complex, high-exposure cases, which often involve novel legal issues. His practice spans a wide range of coverages, with an emphasis on construction claims, including construction defects, delay damages, breach of contract, and breaches of professional standards of care. He is often retained to identify risks early in disputes and to monitor claims among project owners, general contractors, licensed professionals, and other participants. His background in construction litigation is particularly useful in providing advice with respect to Construction Professional Liability Policies and Protective Loss and Indemnity 

Mr. Witczak's Insurance coverage experience also includes the following additional areas:

• Professional Liability and D&O. Experience with a variety of coverage forms for licensed professionals and Directors & Officers, including disputed reporting issues and the scope of coverage for Professional Services. He also defends D&O and other professional lines carriers in coverage related disputes with insureds and other insurers.
• Bad Faith. Defense of carriers in bad faith litigation, including refusal to pay benefits, failure to investigate, and breaches of state-specific insurer duties.
• Excess Insurance. Representation of primary and excess insurers in disputes over exhaustion, contribution, stacking of limits, and allocation of loss across multiple years.
• Material Misrepresentations and Rescission. Experience litigating cases involving material misrepresentations in policy procurement and rescission.
• Long-Tail Pollution Claims. Investigation and litigation of pollution claims from industrial operations, including disputes over the origins and causes of pollution and issues related to the sudden-and-accidental pollution exclusion in CGL policies.

In addition to his insurance work, Mr. Witczak maintains an active commercial litigation practice, representing clients in business and real estate disputes involving breach of contract, tort, fraud, and the California False Claims Act. He has participated in all stages of litigation, including conducting and defending depositions, and arguing motions in state and federal courts.