Nicholas J. Boos

Partner

Nicholas J. Boos

Partner
Overview Overview Experience Credentials

Nicholas Boos is a litigator specializing in the representation and counsel of insurers in first- and third-party coverage and bad faith matters. He handles disputes involving a variety of policies, including commercial general liability, first-party property, business interruption, inland marine, marine, employment practices and workers’ compensation. 

Mr. Boos represents insurers in appraisal proceedings arising out of first-party claims under builder’s risk and homeowners policies. He provides pre-litigation counsel to insurers regarding complex claims and problems, including those arising under commercial general liability, employment practices liability and commercial property policies. 

Mr. Boos is a published author and a sought-after presenter in the insurance field. He presents annual certification seminars to insurers regarding the California Fair Claims Settlement Practices Regulations. Mr. Boos began his career serving as a judicial extern for Joyce L. Kennard, Associate Justice for the California Supreme Court.

Representative Matters

  • Obtained summary judgment for commercial general liability insurer in breach of contract and bad faith action arising out of underlying commercial lease dispute.
  • Obtained partial summary judgment for commercial property insurer on insured’s claim for bad faith arising out of multi-million dollar coverage dispute involving property damage.
  • Obtained partial summary judgment for liability insurer finding no duty to defend under technology errors and omissions policy.
  • Represented employment practices liability insurer in breach of contract and declaratory relief action arising out of coverage dispute involving multi-million dollar underlying judgment against insured.
  • Represented commercial general liability insurer in breach of contract and bad faith action arising out of trade dress infringement claim.
  • Represented commercial general liability insurer in breach of contract and bad faith action arising out of alleged disparagement claim.
  • Represented builder’s risk insurer in breach of contract and bad faith action arising out of multi-million dollar fire loss at hotel project.
  • Represented builder’s risk insurer in breach of contract and bad faith action arising out of multi-million dollar water loss at condominium project.
  • Obtained partial summary judgment for property insurer on claims for breach of contract and bad faith. 
  • Represented commercial general liability insurer in declaratory relief action involving thousands of underlying asbestos liability claims.
  • Represented commercial general liability insurer in breach of contract and bad faith action arising out of construction project disputes. 
  • Represented reinsurers in the investigation and adjustment of multi-million dollar commercial property claim.
  • Represented insurer in breach of contract and bad faith action arising out of issuance of annuity contracts. 

Presentations and Publications

  • Moderator, “Views From In-House Counsel and Claims Professionals on the Latest Approaches by Insurers and Retained Counsel in Promoting Strong Yet Flexible Settlement Approaches; Novel Methods of Communication and Disclosures to Insureds; Conflicts With Defendants; and Other Key Litigation Decisions,” ACI’s 31st National Forum on Bad Faith Claims & Litigation, Chicago, Illinois (July 27, 2015). 
  • Co-presenter, “Insurance Bad Faith Litigation,” Pincus Professional Education Seminar, San Francisco, California (February 20, 2015). 
  • Co-presenter, “Using Mediation and Settlement Communications in Bad Faith Actions,” Sedgwick’s 2014 Insurance Webinar Series (September 18, 2014). 
  • Co-presenter, “Issues Regarding Additional Insureds and Claims by Insurers,” Client Presentation, Los Angeles, California (September 2, 2014). 
  • Co-presenter, “Hot Topics in Coverage and Bad Faith Litigation,” Client Presentation (June 25, 2014). 
  • Co-presenter, “Resolution of Property Insurance Claims in the Modern Age — Appraisal, Mediation and Arbitration,” Property Insurance Law Committee Annual Spring CLE Meeting, Carlsbad, California (April 25, 2014). 
  • Co-presenter, “Duties After Loss: Enforcing Policy Provisions,” PLRB/LIRB Eastern Regional Adjusters Conference, Charlotte, North Carolina (October 29-30, 2013). 
  • Co-presenter, “Settlement Obligations Under California Law,” Client Presentation, San Francisco, California (September 18, 2013).
  • Co-presenter, “Reservations Required or Not? Recent Trends Concerning Reservation of Rights and the Impact on Defense Handling, Control and Conflicts of Interest,” ABA Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona (March 1, 2013).
  • Co-presenter, “Excess Carrier’s Duty to Defend — When ‘Follow Form’ Means ‘Drop Down’ and Other Issues,” ABA Insurance Coverage Litigation Committee CLE Seminar, Tucson, Arizona (March 2, 2012).
  • Author, “Serial Polluting Is Not ‘Sudden and Accidental,’” Sedgwick’s Insurance Law Update (August 2011).
  • Author, “How Much Is Too Much? Punitive Damages Award Multiplier of 10 Is Found Excessive,” Sedgwick’s Insurance Law Update (April 2010).
  • Author, “An Overview of the Reinsurance ‘Follow the Fortunes’ Doctrine for the Young Lawyer,” American Bar Association, Insurance Coverage Litigation publication (2009).
  • Author, “Missouri District Court Finds Policy’s Mold and Pollution Exclusions Preclude a Duty to Defend,” Sedgwick’s Insurance Law Update (April 2009).
  • Author, “Illinois Court Holds Insurer Has No Duty to Defend Additional Insured,” Sedgwick’s Insurance Law Update (April 2008).
 

Admissions

  • California
  • U.S. District Court (C.D. Cal.)
  • U.S. District Court (E.D. Cal.)
  • U.S. District Court (N.D. Cal.)
  • U.S. District Court (S.D. Cal.)

Education

  • J.D. (2004) University of San Francisco School of Law
  • Faculty Scholarship recipient
    University of San Francisco Law Review member 

  • B.A. (2001) University of California, Berkeley

Awards

  • “Top 40 Under 40,” Daily Journal, 2016  
  • Super Lawyers Northern California “Rising Star” for 2013, 2014 and 2015

Memberships and Affiliations

  • American Bar Association, Insurance Coverage Litigation Committee’s Additional Insured Subcommittee — co-chair 
  • American Bar Association, Insurance Coverage Litigation Committee’s Bad Faith Subcommittee —  former co-chair  
  • Defense Research Institute, Commercial General Liability Subcommittee — vice chair