Practice Areas
Peshkin & Kotalik has focused its practice on insurance coverage matters and related litigation. The firm has a statewide practice.
Mr. Kotalik has litigated a variety of commercial and tort cases in Arizona, California, New Mexico and Nevada. Mr. Kotalik, a former United States Court of Appeals’ law clerk, also has handled numerous civil appeals in both state and federal court.
The firm’s insurance practice includes the evaluation and litigation of complex insurance coverage and bad faith claims involving both first-party property and third-party liability insurance policies. Peshkin & Kotalik has significant experience with all types of insurance policies and coverages, including homeowners, automobile, health, life, disability, general liability, professional malpractice, advertising injury, personal injury, directors and officers (“D & O”), employment practices liability and environmental coverage. Due to his extensive experience in insurance matters, Mr. Kotalik has been appointed as an appraiser and arbitrator in connection with large first-party insurance claims.
Examples of complex litigation that Peshkin & Kotalik has handled are:
- Trial and appeal of a declaratory judgment action sustaining the client’s position that no coverage was available under a homeowners insurance policy for a $5,000,000 default judgment arising from a swimming pool accident
- Dismissal of bad faith and breach of contract claims against a D & O insurer in connection with stipulated judgments against its insureds for $175 million. See Biltmore Associates v. Twin City Fire Insurance Co., et al., 572 F.3d 663 (9th Cir. 2009)
- Trial of a declaratory judgment lawsuit involving coverage for a $1,125,000 civil judgment arising from a sexual abuse claim
- Representation of client in $26 million first-party commercial fire loss
- Defense of professional engineering firm in connection with wrongful death and burn injury claims arising from accidental contact with high voltage power lines
- Settlement of client’s causes of action against Fortune 500 company involving industrial property in Tucson that was contaminated with hazardous materials
- Representation of client in connection with insurance coverage issues arising from the $36 million verdict in Graham v. ValueOptions, Inc., et al., Maricopa County Superior Court Case No. CV2006-010027.
- Award of summary judgment for insurer in declaratory judgment action involving coverage dispute under homeowners and personal liability umbrella policies with stipulated claim value of $2,000,000 arising from shooting incident.