People: Peter E. Romo, Jr., Partner

Peter E. Romo, Jr.

Partner

San Francisco
Direct: (415) 544-1050
Fax: (415) 397-8549
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Mr. Romo is a partner representing many clients in the insurance industry in life and health bad faith actions and punitive damages litigation.  He has represented insurers with respect to insurance coverage opinions and litigation and environmental insurance coverage actions.  In addition, he has extensive experience in securities, products liability, and complex commercial litigation, including commercial loan and antitrust litigation, corporate/agency/agent termination actions, premium tax litigation, and NASD arbitrations.

Prior to entering private practice, Mr. Romo was a United States Air Force Judge Advocate, assigned as the Chief Trial Counsel, Fifth Circuit, United States Air Force Trial Judiciary.

Mr. Romo is a partner representing many clients in the insurance industry in life and health bad faith actions and punitive damages litigation.  He has represented insurers with respect to insurance coverage opinions and litigation and environmental insurance coverage actions.  In addition, he has extensive experience in securities, products liability, and complex commercial litigation, including commercial loan and antitrust litigation, corporate/agency/agent termination actions, premium tax litigation, and NASD arbitrations.

Prior to entering private practice, Mr. Romo was a United States Air Force Judge Advocate, assigned as the Chief Trial Counsel, Fifth Circuit, United States Air Force Trial Judiciary.

Education

  • LL.B, Stanford Law School (1966)
  • B.S., Stanford University (1963)

Admissions

  • California

Courts

  • Supreme Court of California
  • U.S. District Court for the Ninth Circuit
  • U.S. District Court for all Districts of California
  • U.S. District Court for the District of Montana

Affiliations

  • San Francisco Bar Association; State Court Litigation Committee, Federal Courts Committee, Insurance Committee, panelist on Early Settlement Program
  • World Affairs Council of Northern California - East Bay Section: Steering Committee member, former Program Chairman for largest section of the Northern California Council
  • International Visitor Center/International Diplomacy Council
  • Friends of Tice Creek: provided legal advice and counsel to Friends of Tice Creek in efforts to establish Creek environmental program within the City of Walnut Creek and County of Contra Costa

Representative Engagements

  • Trial counsel for major life and health insurance company in bad faith action arising out of denial of a claim for long term disability benefits. Plaintiff demanded from the jury in excess of $2,000,000 in compensatory and punitive damages. Jury returned defense verdict in favor of our client after two-week trial in the United States District Court.
  • Trial counsel for major life and health insurance company seeking damages in excess of $6,800,000 in action in United States District Court; defendants asserted counterclaims seeking damages in excess of $33,000,000, allegedly arising out of fraudulent setting of premiums charged under federal insurance program; obtained summary judgment in favor of our client on all counts and issues. Judgment then affirmed by Court of Appeals for the Ninth Circuit.
  • Trial counsel for major disability income insurance company in publicized bad faith action arising out of denial of claim for total disability benefits; obtained stipulated judgment in favor of our client on all counts of the complaint.
  • Trial counsel for two major life and health insurance companies in actions pending in California Superior Court asserting claims under California Business and Professions Code Sections 17200 and 17205 relating to business practices as to dating of life insurance policies and as to premiums charged.
  • Trial counsel for major life and health insurance company in bad faith action arising out of initial denial and subsequent delayed payment of benefits under life insurance policy. After an arbitration award of $150,000 compensatory and punitive damages was rejected as too low, plaintiff made a settlement demand of $425,000, and asked the jury for $3.6 million in compensatory and punitive damages. After jury trial in United States District Court, jury returned defense verdict as to one cause of action and as to punitive damages, and gave $15,000 compensatory damages on the remaining count. Plaintiff’s motion for new trial was denied.
  • Trial counsel for major insurer in litigation against State Board of Equalization to recover premium taxes in excess of $3,000,000. After trial in State Superior Court, a judgment for the insurer and against the State was entered; the judgment was then affirmed on appeal.
  • Trial counsel for major life insurance company in defense of highly publicized action under California Business and Professions Code sections 17200, 17250 asserting claims to automatic maximum life insurance benefits under unemployment and disability credit insurance policies. Case was removed to United States District Court, after which insurer’s motion to dismiss was granted and judgment was entered in favor of insurer. Judgment was then affirmed by the Court of Appeals for the Ninth Circuit.
  • Represented major life insurer in class action in United States District Court in Denver arising out of placement of forced-placed automobile insurance coverage; action dismissed at pleading stage.
  • Litigation counsel for major insurance company in antitrust actions (state and federal courts) involving over 30 insurers and pertaining to structured settlement annuities; summary judgment granted in United States District Court in San Francisco, affirmed by United States Court of Appeals for the Ninth Circuit, Petition for Writ of Certiorari denied by United States Supreme Court.
  • Litigation counsel for excess insurer in asbestos coverage cases in California and Minnesota; supervision of approximately 5,000 asbestos cases; established procedures for monitoring, evaluating and settling the cases; engaged in substantial negotiations involving claims against Manville Personal Injury Settlement Trust and pertaining to indemnification assumption of defense by asbestos trust fund and in Johns-Manville Bankruptcy actions pertaining to indemnification/insurance coverage issues.
  • Represented issuer of surety bond against adversary claim in U.S. Bankruptcy Court that surety insurer became partner of organizer of attempted automobile race in Hawaii, thereby obligating insurer to pay over $23,000,000 in debts of the organizer; summary judgment granted in favor of insurer.
  • Defended major life insurer in NASD arbitration against claims of misrepresentation and fraud in institution of investment/insurance program; claim dismissed with prejudice after presentation of evidence;
  • Representing brokerage company in NASD arbitration over claims of alleged raiding of registered representatives and interference with business relationships.
  • Trial counsel for distributors of pharmaceuticals and chemicals (e.g. DES, benzidine) in over 200 cases pending in California state courts in Northern California.
  • Representation of major casualty insurers in environmental insurance coverage actions in San Francisco Superior Court.
  • Trial counsel for major casualty insurance carrier in multiple environmental coverage actions pending in Ohio, Michigan, Illinois and Wisconsin.
  • Counsel for life insurer with respect to investigations conducted by United States Navy, United States Army and United States Department of Defense and Department of Justice involving worldwide business and sales practices.
  • Represented employers in separate actions arising out of termination of thirdparty administration/sales agreements involving thousands of employer groups and insureds; defeated applications for temporary restraining orders and for preliminary injunctions.
  • Represented major life insurers in commercial loan transaction litigation in United States District Court in Denver and in state courts in Sacramento and Monterey.
  • Trial counsel for major insurance company in federal court action concerning right of insurer to rescind insurance policy under California law without need for institution of legal action; trial court summary judgment for insurer affirmed by United States Court of Appeals for the Ninth Circuit.
  • Represented major casualty insurers in a number of coverage matters including supervision and evaluation of underlying litigation in matters involving construction and product defect claims.
  • Trial counsel for employer in action for damages arising out of termination of employment of insurance agent. Jury returned defense verdict.
  • Trial counsel in wrongful termination action by regional sales director; jury returned defense verdict and subsequent judgment after two week jury trial in United States District Court.
  • Trial counsel for life insurance company in federal court action in Los Angeles arising out of agency termination due to undisclosed rebating.
  • Trial counsel in California Superior Court in wrongful termination action as to regional director of agencies.
  • Advised employer concerning investigation and subsequent termination of regional general agent and potential issues pertaining to related marketing organization, unfair competition and related tort claims.
  • Represented a brokerage firm as trial counsel in an action for damages resulting from allegedly improper processing of accounts. After a court trial, judgment for brokerage house was entered.
  • Trial counsel for major disability insurance company in bad faith action in Alameda State Court arising out of denial of claim for disability benefits; after two week jury trial, jury verdict and judgment for the defense.
    Trial counsel for major life insurers in actions in United States District Court in Sacramento and Fresno arising out of murder of insureds.
  • Advised Japanese insurer pertaining to joint underwriting associations and related antitrust issues.
  • Advised life, health insurer on antitrust insurance issues relating to proposed medical-dental products.

Presentations

  • Moderator/panelist on Disability Insurance Litigation at Western Claims Conference, Anaheim, CA
  • Moderator/panelist on Rückuerscherung Symposium at Institute for International Research, Hannover, Germany presentation concerning products liability, punitive damages, environmental liability, and insurance coverage issues
  • Presentation to Agricultural Personnel Managers Association concerning pesticide use, toxic tort, and products liability
  • Presentations to Professional Insurance Marketing Association conferences on Life/Health/Disability insurance claims litigation
  • Presentation to, and panelist on, The Treating Doctor, Eastern Claims Conference, New York, NY