Established 1990 AV Rated Selected as Southern California Super Lawyer 2012 through 2016--Class Actions/Mass Torts 2007-2011--Insurance
Areas of Practice
Mark F. Didak represents consumers in class actions, policyholders and insurers in coverage and bad faith matters, and plaintiffs and defendants in a broad range of civil litigation in trial and appellate courts. He has successfully obtained millions of dollars in coverage and defense for policyholders on a wide variety of claims, and has represented insurers in over one billion dollars worth of claims, including very high exposure claims of $800 million, $400 million and $220 million. He was lead counsel for a plaintiff class of over 3.5 million Californians--among the largest in state history--in a successful class action, Malek v. Blue Cross of California, and was lead counsel in a 2010 class action settlement on behalf of California Quiznos franchisees. His practice also includes legal malpractice, malicious prosecution, legislative drafting and lobbying, and statutory corporations.
Representative Current and Past Institutional Clients
The Hartford Companies, AIG Risk Management, Fidelity & Deposit Company of Maryland, Argonaut Insurance, NovaPro Risk, Ward Claims, Bridgeworks Commercial Management, Escrow Agents' Fidelity Corporation, Laser-Pacific Media Corporation, Investment Concepts, Inc., Trans Action Trade, Inc., RSD Property Management, Inc.
SIGNIFICANT CASES AND ACCOMPLISHMENTS
Selected as a Southern California Super Lawyer, 2007, 2008, 2009, 2010, 2011 [Insurance], 2012 through 2016 [Consumer Class Actions]
For the Plaintiff–
Mirkin v. Tomlinson--$1,250,000 policy limits personal injury settlement in 2012 in less than one year after filing complaint.
Elhilu v. Quiznos–2010 settlement of class action on behalf of California Quiznos franchise owners who never received a location for their Quiznos restaurants, resulting in significant payments to franchisees.
[Case Name Confidential at Request of Defendant]--2011 settlement of wrongful credit reporting claims against major mortgage servicer.
[Case Name Confidential at Request of Defendants]–$600,000 settlement plus reinstatement of health coverage in 2008 postclaim underwriting case.
[Case Name Confidential at Request of Defendants]–$600,000 settlement in 2007 of malicious prosecution claim.
Malek v. Blue Cross of California (Malek II)–Unfair Competition lawsuit on behalf of a class including over 3.5 million Californians based on defendant’s failure to issue written health insurance plans. The settlement included Blue Cross’ implementation of procedures to ensure written plans would be finalized and disseminated to all group health plan members and a large cy pres donation.
Malek v. Blue Cross of California (Malek I)–(2004) 121 Cal.App.4th 44–Holding that health insurance arbitration agreements are unenforceable absent compliance with statutory disclosure requirements.
[Case Name Confidential at Request of Insurer Defendant]–$615,000 settlement in 2005 of bad faith claim.
[Case Name Confidential at Request of Insurer Defendant]–$6,010,000 settlement in 1998 of bad faith claim.
[Case Name Confidential at Request of Insurer Defendant]–1997 settlement of over $900,000 ($600,000 compensatory and $300,000 attorney's fees) of earthquake damage/bad faith claim arising from 1994 Northridge earthquake.
Woods v. Fire Ins. Exchange –$7,226,851 jury verdict in first-party bad faith action in 1994.
Brooks v. Truck Ins. Exchange –$1,055,000 settlement in February 1991, after only eight months of litigation, from Truck, Fireman's Fund and Prudential-LMI, of breach of contract and bad faith claims arising out of refusal to defend class actions against property manager.
Hartford v. Fulwider, etc., et al.. Action to recover overcharges for defense expenses resulting in favorable settlement in 1996. We also obtained significant contribution from other insurers outside the litigation.
Non-Litigated Matters (Current Cases Not Included)
Snell & Wilcox v. Laser-Pacific. Coverage analysis for Hartford resulting in $250,000 subrogation recovery.
Cosrich v. Saban (Mighty Morphin Power Rangers). Coverage analysis for AIG Risk Management and National Union of infringement action concerning rights to children’ Power Ranger products.
Heiman/Turabaz v. Glen Ivy Management, et al. Coverage analysis, coordination with multiple insurers and Cumis counsel monitoring on behalf of Hartford in class actions alleging overselling of vacation timeshares.
Weiss v. Armand Hammer, et al. Coverage analysis for Hartford on $400,000,000 lawsuit by heiress of Armand Hammer's widow seeking to impose constructive trust on art and property in the possession of the Armand Hammer Foundation and Armand Hammer Museum.
Senate Bill 2450 Substantially drafted and lobbied bill, enacted October 1988, amending sections of the California Financial Code relating to Escrow Agents' Fidelity Corporation.
Listed in Strathmore's Who's Who 1998-1999.
TRIALS AND APPEALS
Trials: Numerous civil jury and bench trials.
Representative Appeals (final):
Yeager v. Blue Cross (2009) 175 Cal.App.4th 1098 (rev. den.).
Malek v. Blue Cross of California (2004) 121 Cal.App.4th 44 (health insurance arbitration agreement unenforceable absent compliance with statutory disclosure requirements).
Slaney v. Ranger Insurance Company (2004) 115 Cal.App.4th 306, rev. den. (order denying special motion to strike in malicious prosecution action affirmed).
In re: Harrison, Ninth Circuit Bankruptcy Appellate Panel (appeal of order converting case to Chapter 7).
Warner v. Rogers, Anderson, Malody & Scott, California Court of Appeal (2d Dist. 2001) (affirmed judgment for defendant in accountant malpractice action on grounds it was time-barred; lead author of respondent's brief).
Acker and Hyde v. County of Nye, Nevada ("Acker II") 9th Circuit, 1999 (malicious prosecution).
BSH Enterprises, Inc. v. Biofilm, Inc., California Court of Appeal (4th Dist., 1997) (fraudulent conveyance).
Acker and Hyde v. County of Nye, Nevada ("Acker I") California Court of Appeal (2d Dist. 1998) (personal jurisdiction).
Buss v. Superior Court, California Supreme Court, 1997 (amicus brief for RSD Property Management Corp. in support of plaintiff).
Jol Trading Company v. Golden Eagle Insurance Company, California Court of Appeal (2d Dist. 1996) (bad faith).
Woods v. Fire Insurance Exchange, California Court of Appeal (2d Dist. 1996) (bad faith).
Hartford Fire Insurance Company v. St. Paul Fire & Marine Insurance Company, California Court of Appeal (2d Dist. 1996) (contribution).
Esquivel v. California Federal Savings & Loan Assn., California Court of Appeal (2d Dist. 1991) (respondeat superior liability).
Tuttobene v. Escrow Agents' Fidelity Corp., California Court of Appeal (2d Dist. 1987) (fidelity coverage).
Clark v. Insurance Company of North America, 9th Circuit, 1987 (associate counsel for defendant/appellee).
Downey Savings & Loan Assn. v. Ohio Casualty Co., California Court of Appeal (2d Dist. 1987) (associate counsel for respondent).
Other: Numerous successful writ petitions. Brought or opposed multiple petitions for rehearing, review, or certiorari in California Courts of Appeal, California Supreme Court, United States Supreme Court.
Numerous Los Angeles Daily Journal articles on mortgage and foreclosure law and other subjects.
State Bar of California (admitted 1982)
J.D., University of Southern California, December 1981. B.A., Anthropology, Reed College, 1978.