“Not only is every case important to us,
but every aspect is important.
We also simply work harder.”
David A. Strauss
David Strauss, a Member in the New Orleans office of King & Jurgens, partners with clients to protect their assets by aggressively defending bad faith litigation and fighting insurance fraud at the enterprise level for some of the nation’s largest insurance companies. Corporate counsel relies on his organized and innovative approach to managing large-scale litigation, including catastrophe litigation, and he has overseen thousands of bad faith and coverage disputes for both insurers and self-insured companies. David is presently applying this experience to handling large scale affirmative litigation projects for insurers, attacking questionable practices by medical providers, body shops, and unscrupulous attorneys. He also recently was retained as special bad faith counsel by a large personal lines insurer and tasked with handling all bad faith litigation for this company in Louisiana.
When Hurricane Katrina struck the Gulf Coast, mass litigation threatened to bog down Louisiana courts and business at insurance companies. David led a group of lawyers from various firms to create the operating framework to approach these cases, each of which had its own values and issues. His settlement concept is now a model used by other insurer defendants facing a large number of catastrophe claims.
In addition to Hurricane Katrina, David has been on the front lines of large-scale bad faith litigation related to Hurricanes Gustav and Isaac, and has managed putative class actions, mass joinders and several hundred individual first party suits. He is often retained as special counsel nationally in mass bad faith litigation, particularly with regard to strategies for challenging policyholder experts such as engineers, public adjusters and contractors. He also provides in-house counseling to his clients on issues special to claims handling practices, and is a frequent speaker on the topic.
- Defended and obtained “zero” verdicts in favor of insurers in commercial and personal lines bad faith coverage disputes in multiple trials
- Obtained dismissal of bad faith claims and/or entire case on early creative motion practice and through summary judgment in multiple bad faith and coverage disputes
- Obtained “zero” verdicts in multiple insurance fraud trials (arson, staged accidents, staged thefts, inflated property claims, inflated/improper medical care)
- Obtained “zero” verdicts in trials of significant personal injury claims (liability and UM)
- Developed favorable law on novel issue of class action tolling in the context of first party catastrophe cases resulting in the industry-wide dismissal or nominal settlement of several hundred cases
- Forced voluntary dismissal by plaintiffs in multiple cases through the creative use of cell tower technology and social media
- Obtained a summary judgment, affirmed by federal appellate court, in a significant breach of contract case over a denied flood claim, and in the process helped clarify the definition of a flood under the National Flood Insurance Program
- Negotiated protocol in consolidated federal Hurricane Katrina insurance litigation regarding the State of Louisiana Road Home Program’s review and consideration of settled insurance claims, thus facilitating the resolution of thousands of claims
- Successfully handled significant maritime personal injury claims (Jones Act and LHWCA)
RECENT SPEAKING ENGAGEMENTS & PUBLICATIONS
- "Louisiana Insurance Penalties: Recent Developments" - New Orleans Bar Association's Procrastinators Program CLE - 2017, 2018
- "Insurance Bad Faith - Trends, Strategies and Rulings" - New Orleans Bar Association's Procrastinators Program CLE - 2016
- Conference Co-Chair and Moderator - "In-House Perspectives on Avoiding Claims; Claims Management Best Practices; Recouping of Defense Costs; Selecting Counsel Given Conflicts Between Insured and Insurer; Managing and Paying an Outside Counsel; and Jury Trials" - American Conference Institute's Extra-Contractual & Bad Faith Liability Conference - November 2016 in Philadelphia; June 2016 in New York
- Moderator - “In-House Perspectives on Avoiding Bad Faith Claims; Claims Management Best Practices; Recouping of Defense Costs; and Choosing, Managing, and Paying an Outside Counsel” - American Conference Institute's 32nd National Forum on Bad Faith Claims and Litigation - 2015
- Claims Handling Guide - Louisiana" - Council on Litigation Management - 2013 (co-authored)
- For entire list, visit www.kingjurgens.com/f-strauss-expanded-bio.
Honors & Recognition
- AV® Preeminent Rated by Martindale-Hubbell
- The Best Lawyers in America List, Insurance Law, 2014-2019
- Louisiana Super Lawyers List, 2016-2019
- New Orleans CityBusiness "Leadership in Law" List, 2012
Professional & Community Affiliations
- International Association of Special Investigative Units, LA Chapter, General Counsel
- Claims and Litigation Management Alliance (CLM)
- Defense Research Institute, Civil Litigation Section
- Federal Bar Association
- Louisiana Association of Defense Counsel
- Louisiana Bar Foundation, Fellow
- New Orleans Bar Association
- Insurance Law Committee (Chair, 2013-2017)