Rina Carmel

Rina is the Co-Chair of the firm’s Insurance Coverage & Bad Faith Practice Group.  Her practice focuses on insurance coverage and business litigation. She represents insurers in coverage litigation, defends extracontractual suits, analyzes coverage for complex claims, and counsels insurers on claims handling and regulatory compliance. Rina has a wide-ranging insurance practice, and clients seek her out when facing challenging and unusual matters. Her extensive experience includes analysis of claims under commercial general liability (CGL), excess and umbrella, professional liability (including architects and engineers, directors and officers, and employment practices liability), first-party property, inland marine, personal lines, vehicle (including auto, truck, and fleet), and specialty lines (including entertainment, media, farm, winery, and pollution liability), on a national basis.

Rina serves as the Chair of DRI’s Insurance Roundtable (IRT) Planning Committee for the 2025 program.  The IRT gathers top insurance industry counsel, executives, and outside counsel to learn about and discuss pressing issues facing the insurance industry.

Nationally recognized for her service to the industry, Rina is a frequent invited speaker and is widely published on bad faith and coverage topics.

Education

• University of Michigan Law School, Ann Arbor, Michigan
  • J.D., 1997
  • Executive Editor and Associate Editor, Michigan Journal of International Law
• University of Michigan, Ann Arbor, Michigan
  • M.A., 1993
• Bryn Mawr College, Bryn Mawr, Pennsylvania
  • A.B., cum laude and with departmental honors, French major, 1990
• Institut d’études françaises d’Avignon, France, Summer 1988

Admissions & Associations

Bar Admissions

• California
• All U.S. District Courts in California
• U.S. Court of Appeals for the Ninth Circuit
• U.S. Supreme Court

Professional Associations

• American College of Coverage Counsel
  • Member
• PLRB (Property & Liability Resource Bureau)
  • Member, Claims Conference Planning Committee
• Defense Research Institute
  • Member, Insurance Law Committee
  • Insurance Roundtable (IRT) Program Chair for March 2025 program
  • Member, Insurance Law Committee’s Publications Editorial Board (October 2019 to present)
  • National Publications Board, Chair (December 2017 to February 2020)
  • Insurance Law Committee’s Publications Subcommittee Chair (October 2012 to October 2019)
• American Bar Association
  • Member, Insurance Coverage Litigation Committee
  • CoverageJournal, co-Editor-in-Chief (March 2018 to September 2021)
  • Insurance Coverage Litigation Committee’s Publications Advisory Board, Founding Member and co-Chair (April 2015 to present)
  • Insurance Coverage Litigation Committee Website, co-Editor-in-Chief (January 2009 to March 2015)

Speaking & Publications

SPEAKING & PUBLICATIONS

Selected Recent Published Works

• Appraisals:  What’s My Loss?, ABA Insurance Coverage Litigation Committee’s Annual CLE Seminar, 2024.
• When the Insurer’s and the Insured’s Interests Diverge on Whether to Settle an Underlying Claim, ABA Coverage Journal, 2022.
• The Right to Choose: When Can the Policyholder Pick Its Own Lawyer And How Much Does the Insurer Have to Pay?, American College of Coverage Counsel Annual Meeting, 2022.
• Servant of Two Masters: Navigating the Ethical Issues of the Tripartite Relationship, DRI Complex Coverage Forum, 2019.
• Duty to Defend: When Does it End?, PLRB Claims Conference, 2019.
• “You Acted in Bad Faith by Refusing to Settle for the Policy Limits, and Now the Policy Limits Are Open!”, DRI, In-House Defense Quarterly, 2018.

Selected Recent Speeches and Presentations

• “Adjusting” Expectations: Protected Legal Advice or Discoverable Claims Handling?, ABA Women in Insurance Networking Seminar, 2024.
• How To Mediate Construction Defect Claims That Involve Insurance Coverage Issues, American College of Coverage Counsel, 2022.  This session was presented in conjunction with WillWorkForFood.news, which supports local and national food banks.
• Understanding Concurrent Causation and Efficient Proximate Cause, ABA Insurance Coverage Litigation Committee’s Annual CLE Seminar, 2021.
• Discovery Techniques and Use of Experts in Institutional Bad Faith Cases, ABA Insurance Coverage Litigation Committee’s Annual CLE Seminar, 2020.

Experience

Insurance Coverage and Litigation

• Assisted client in obtaining complete victory against the insured, who made material misrepresentations in policy application and presenting claim, then filed suit in Los Angeles Superior Court, alleging breach of contract and bad faith.
• Won summary judgment in declaratory relief action, in which court ruled that underlying action did not allege “occurrence” under general liability policy or auto accident under auto policy.
• Won Rule 12(b)(6) motion to dismiss with prejudice, in which court ruled that insurer client could not be held liable for insurance broker’s alleged negligence in procuring policy.
• Won motion for judgment on the pleadings in declaratory relief action, ruling that client had no duty to defend or indemnify underlying construction defect action under a CGL policy.
• Won two successive motions for judgment on the pleadings, ruling that series of complaints failed to allege breach of contract, bad faith, and fraud against insurer and its agent.
• Won motion for judgment on the pleadings, ruling that plaintiff failed to allege breach of contract, bad faith, and fraud.
• Filed complaint for rescission, on receipt of which insured defendant requested client agree to relief sought and dismissal with prejudice.
• Won demurrer, sustained without leave to amend, on plaintiff’s complaint purporting to allege breach of contract and bad faith, where underlying action was never potentially covered.
• Won summary judgment ruling that client had no duty to defend underlying wage and hour actions under an EPLI policy.
• Won summary judgment ruling that professional liability and CGL insurer had no duty to defend or settle underlying action alleging wrongful death of a foreign exchange student.
• Won dispositive trial motion that CGL insurer had no duty to defend underlying action alleging that the insured rock band used copyrighted drawings without paying for them, as “entertainment industry” exclusion barred coverage.
• Settled bad faith action in exchange for waiver of costs, after filing motion for summary judgment arguing that first-party property insurer had no obligation to inspect insured hotel premises for benefit of the third-party claimants.
• Won Rule 12(b)(6) motion to dismiss with prejudice, in which court ruled that insurer client could not be held liable for insurance broker’s alleged negligence in procuring policy.
• Won demurrer, sustained without leave to amend, on agent’s cross-complaint against insurer for indemnity in bad faith action alleging failure to provide sufficiently high first-party property limits.
• Won summary judgment in direct bad faith action based on uncovered “advertising injury” claim, and collected over $5,000 in costs from plaintiff.
• Wrote successful motion to compel discovery, in a direct bad faith action, of plaintiff’s medical records. The Court of Appeal denied plaintiff’s writ, and the California Supreme Court denied review, based on motion papers, without requesting additional briefing. Subsequently won cross-motions for summary judgment ruling that insurer had no duty to defend or indemnify, as medical records showed that plaintiff had not sustained “bodily injury,” and that plaintiff and insured had colluded.
•  Successfully requested publication of Rombe Corp. v. Allied Ins. Co., 128 Cal. App. 4th 482 (2005) (not otherwise involved in case itself).
• Won appeal on behalf of client seeking equitable contribution for underlying construction defect action. Century Sur. Co. v. United Pac. Ins. Co., 109 Cal. App. 4th 1246 (2003), review den., No. S117884 (Cal. 2003)

Business and Commercial Litigation

• Selected to defend national company in action alleging intentional interference with contractual relations, false advertising and unfair business practices.
• Counseled international client on language for contract to provide technology for toll road systems.

Community Involvement

• Fellow of the American Bar Foundation
• Guardian Angels for Soldier’s Pet, foster home volunteer.  This organization provides foster homes for military on deployment, and military and veterans with an emergency hardship.

Awards

• Named to the 2018, 2019, 2020, 2021, 2022, 2023, 2024 Southern California Super Lawyers list
• American Bar Association Insurance Coverage Litigation Committee, Service to Committee Award, March 2016
• Defense Research Institute, Tom Segalla Excellence in Education Award, October 2015
• Property and Liability Resource Bureau, Outstanding Presentations Award, March 2014
• American Bar Association Section of Litigation, Outstanding Subcommittee Chair Award, 2011-2012
• Bryn Mawr College, Hope Wearn Troxell Award, given for outstanding contribution to college community, May 1990