• Address: 1300 Clay Street, Suite 810 Oakland CA 94612
  • Phone: (415) 357-4600

Alan P Jacobus

Alan P. Jacobus

Lafayette & Kumagai LLP
1300 Clay Street, Ste. 810
Oakland, CA 94612

Email: ajacobus@lkclaw.com
Tel: (415) 357-4600
Fax: (415) 357-4605

Alan P. Jacobus

Alan Palmer Jacobus received his Juris Doctorate, cum laude, from Tulane University School of Law and his Bachelor of Arts, summa cum laude, in classical languages (Latin and Greek) from Tulane University in New Orleans, Louisiana.

At Lafayette & Kumagai LLP, Mr. Jacobus’s practice includes employment litigation and commercial litigation, including class action defense, tort liability litigation, insurance coverage litigation, and Fair Credit Reporting Act litigation. Before joining Lafayette & Kumagai, Mr. Jacobus was a Partner at Carroll, Burdick & McDonough in San Francisco. He was an associate and partner at Tressler, Soderstrom, Maloney & Priess in Chicago and Costa Mesa, California and an Associate at Karbal, Cohen, Economou, Silk & Dunne in Chicago.

While Mr. Jacobus’s practice over the past decade has largely centered on high risk, high value insurance coverage litigation, he comes from a very broad civil and commercial litigation and trial background. He is a member of the bar in California, Illinois, and Louisiana, and he has tried jury trials to verdict in all three states. Several of Mr. Jacobus’s cases have resulted in written opinions in trial courts and courts of appeal, and he has argued appeals in both state and federal appellate courts. His litigation experience ranges from Title VII discrimination and retaliation actions, to international intellectual property litigation, to surety and fidelity bond actions, to Retailers’ Occupation Tax litigation, to general commercial and business litigation. Mr. Jacobus is also a skilled strategist and negotiator, who often negotiates favorable settlements for his clients at appropriate points in the pre-litigation or litigation process.

Mr. Jacobus is a frequent publisher and lecturer on topics ranging from insurance coverage issues to product liability and successor liability topics, with over 20 major presentations and publications to his name. Mr. Jacobus is a current member of the Strafford Publications Insurance Law Advisory Board. He is an active member of the Defense Research Institute and volunteers with the AIDS Legal Referral Panel (ALRP) and the USDC Northern District of California Federal Pro Bono Project. Mr. Jacobus is fluent in Spanish.

Mr. Jacobus is admitted to practice before all courts of the States of California, Illinois and Louisiana, the United States District Court for all Districts of California, the Eastern District of Louisiana, the District of Arizona, the Northern District of Illinois, including the Trial Bar, and the Unite d States Court of Appeals, Seventh and Ninth Circuits.

Speaking Engagements:

“Insurer’s Duty to Defend: Navigating Flexibility in the “Eight Corners” Rule, Withdrawal from an Ongoing Defense and More,” Strafford Publications webinar, August 2017

“Attorney-Client Privilege in Bad Faith Litigation,” Strafford Publications webinar, August 2017

“Depositions in Insurance Coverage and Bad Faith Insurance Litigation,” Strafford Publications webinar, February 2017

“Discovery in Bad Faith Insurance Litigation,” Strafford Publications webinar, August 2016

“Insurance Declaratory Judgment Actions and the Federal Abstention Doctrine,” Strafford Publications webinar, April 2016

“Depositions in Insurance Coverage and Bad Faith Insurance Litigation,” Strafford Publications webinar, February 2016

“Attorney-Client Privilege in Bad Faith Litigation: Pushing the Limits,” Strafford Publications webinar, October 2015

“Discovery in Bad Faith Insurance Litigation,” Strafford Publications webinar, June 2015

“30(b)(6) Depositions,” Strafford Publications webinar, March 2015

“Attorney-Client Privilege in Bad Faith Litigation: Pushing the Limits,” Strafford Publications webinar, March 2014

“Attorney-Client Privilege in Bad Faith Insurance Litigation: Asserting or Defending Against Implied Waiver of the Privilege,” Strafford Publications webinar, March 2013

“The Bodily Injury Concept in Liability Policies Revisited, 30 Years On,” Tucson ABA ICLC Seminar, February 2013

“Discovery in Bad Faith Insurance Litigation: Best Practices for Proving or Defending Claims,” Strafford Publications webinar, September 2012

“How much is that Policy Worth, Anyway?” ABA Section of Litigation, 2012 Insurance Coverage Litigation Committee CLE Seminar, March 2012

“Top Legal Developments: What You Need to Know to Keep Current,” Risk and Insurance Management Society (RIMS) Conference, May 2011

“Representing Insurers When Discoverability of Confidential Settlement Agreements Is at Issue,” paper presented at DRI’s Insurance Coverage and Claims Institute, March 2011

“Discoverability of Confidential Settlement Agreements in Insurance Coverage Disputes,” ABA Section of Litigation Insurance Coverage Litigation Committee CLE Seminar, March 2011

“Ethics Sessions: Can You Keep a Secret? Maybe Not: Exceptions to Traditional Attorney-Client Privilege and Work Product Protections in Insurance Coverage Disputes,” paper presented at Mealey’s Bad Faith Litigation Conference, September 2006

“Pig in a Poke? How Acquiring Companies Can Unwittingly Become Responsible for the Liabilities of Companies They Acquire,” Gas Technology Institute Natural Gas & LP Odorization Conference, July 2006

Key Concepts in General Liability Insurance Coverage for Construction Defects Presentation, October 2005

“Odor Fade and the Legal Duty to Warn,” paper presented at Gas Technology Institute’s Natural Gas & LP Odorization Conference, July 2005

“Contractual Liability Risk Transfer: Issues and Concerns Arising from Indemnity and Hold-Harmless Agreements,” paper presented at Gas Technology Institute’s Natural Gas & LP Odorization Conference, August 2004

“A Modern Analysis Under California Law of Punitive Damages Available for an Insurer’s ‘Bad Faith,’” June 2004

“Limiting a Paying Liability Insurer’s Total Loss Under California Law Through Policy Limits, Deductibles, Self-Insured Retentions, Allocation, Apportionment, Contribution, and Subrogation,” January 2004

“Strategies for Insurers Resisting the Prepackage Asbestos Bankruptcy Blitzkrieg,” paper presented at FETTI Conference, October 2003

“Common Pitfalls in the Assertion of the Sistership Exclusion as a Bar to Coverage Under Commercial General Liability Policies,” paper presented at ABA Insurance Coverage and Internet Litigation Committees Mid-Year Meeting, March 2002


Published Opinions:

Pac. Coast Drilling Co. v. Farmers New World Life Ins. Co., 2016 WL 6678928 (Cal. App. Nov. 14, 2016)

Robinson v. Yousuf, 668 So. 2d 436 (La. App. 1996)

J.C.C. Food & Liquors v. United States, 133 F.3d 555 (7th Cir. 1998) (appellate counsel only)


Co-author with Eric J. Knapp, “Insurance and Class Actions: How the United States Supreme Court’s 2011 Dukes, Concepción and Smith Decisions Will Change the Way Insurance Class Actions Are Litigated,” Mealey’s Litigation Report: Class Actions and in Mealey’s: Emerging Insurance Disputes, May 2012.

“Recent Developments in Litigation Over the Non-Cumulation Condition,” Coverage, (ABA 2012).

Co-author with Kevin Glasgow, “Stranger Owned or Originated Life Insurance Policies: Problems and Solutions,” Westlaw Journal—Insurance Coverage (July 2011).

Co-author with Robert Binion, “Something Stricker This Way Comes: Dealing with the Medicare Secondary Payer Statute (And What Stricker Doesn’t Say),” Bloomberg Law Reports, Health Law Reporter, Vol. 3, No. 12 (December 2010).

“A ‘New’ Defense to Stacking: The Non-Cumulation Clause,” Insurance Law Section, Defense Research Institute’s In-House Defense Quarterly, (Winter 2008).

“Black Lung Bonds,” Defense Research Institute’s For the Defense, (September 2004).

“Analyzing Liability Insurance in Terms of Mold Coverage,” Columns, (September and October 2002).

“Analysis of the ‘Pay When Paid Defense’ After Brown & Kerr v. St. Paul and Marine,” published in IADC Newsletter, Fidelity and Surety Committee (July 1999).