Recent Publication:
Location, location, location! The viability of a subrogation case will vary depending on the loss location. The combination of law and fact in one state can yield subrogation potential, whereas in another that mix can be detrimental. Each State has varying rules that impact subrogation potential,...
David Brisco is responsible for managing a subrogation litigation caseload in various legal areas, including wildfires, product liability, negligence, construction defect and breach of warranties.
David litigates a wide range of cases, including wildfires, intensive product defect lawsuits against many of the largest consumer and commercial product manufacturers, as well as lawsuits against construction entities of all sizes for catastrophic construction losses. His experience also includes pursuing international entities responsible for fires, floods and other losses in the United States. David also advises clients on the use of numerous social media sites to aid in investigating the cause of losses.
David has tried and won cases in California state courts, including a unanimous jury verdict against a copy machine manufacturer for a fire that destroyed a commercial building. David has also obtained numerous judgments in his clients' favor in intercompany arbitration.
David is co-host of Cozen O’Connor’s subrogation podcast, “Subro on the Go”, through which he discusses trending legal, technological, and claims handling issues in subrogation.
David has authored several articles and white papers and is a regular speaker at national industry events including National Association for Subrogation Professionals (NASP) and Property & Liability Resource Bureau (PLRB). Between 2011 and 2020, David has presented on a variety of litigation and property insurance topics, including subrogation investigation, wildfires, negotiation, social media, cyber law, waivers of subrogation, tech product fires and international claims.
David earned his undergraduate degree from the University of California at San Diego in 2002. He earned his law degree, cum laude, in 2005 from Pepperdine University School of Law where he was a member of the Pepperdine Law Review. Recently David was voted into the 2014 Best of the Bar by the San Diego Business Journal and has also been selected as a Rising Star by the Super Lawyers Magazine from 2015-2020.
News
February 15, 2024
The firm announced several new practice group chairs, office managing partners, and leaders of firm committees and initiatives
April 12, 2022
David Brisco joined Coterie Insurance Company on the latest episode of the podcast "And I Quote".
September 07, 2017
Cozen O’Connor is proud to announce the promotion of six members to shareholders of the firm: David Brisco (San Diego), Michael de Leeuw (New York), John Dickenson (West Palm Beach), Jonathan Lichtenstein (Philadelphia), William Walsh (Seattle), and Ingrid Welch (Philadelphia).
April 11, 2016
Leslie Hulburt and David Brisco (Subrogation & Recovery, San Diego) were featured in the San Diego Business Journal - Best of the Bar 2016.
August 14, 2014
David Brisco (Subrogation, San Diego) was voted 2014 Best of the Bar by the San Diego Business Journal. More than 1,000 votes were cast from 146 firms and solo practices throughout the area. Legal professionals throughout the metro area cast votes and were urged to consider not only colleagues at their firms, but also those outside their walls. No one could make the list based solely on votes from others at the same firm. David said, “The best advice I have received as a plaintiff's lawyer is that nobody likes to pay money to someone they don’t like. So not only is it ok to be a lawyer who is nice/professional, but it is in your client’s best interest.”
Publications
October 15, 2024
Location, location, location! The viability of a subrogation case will vary depending on the loss location. The combination of law and fact in one state can yield subrogation potential, whereas in another that mix can be detrimental. Each State has varying rules that impact subrogation potential,...
July 02, 2024
The viability of a subrogation case will vary depending on the loss location and the facts. The combination of law and fact in one state can yield subrogation potential, whereas in another that mix can be detrimental. Each of the States have varying rules that impact subrogation potential,...
June 07, 2024
Affirmed! That is the word of the day as the California Court of Appeals recently issued a published decision affirming that an inverse condemnation cause of action continues to apply to investor-owned utilities in California. The Second District Court of Appeal affirmed the trial court’s...
May 13, 2024
Subrogation professionals who handle losses in multiple states know that the viability of a subrogation case will vary depending on the loss location. The facts of a particular incident may have subrogation potential in one state, but not in another, as each state has varying rules that impact...
January 30, 2024
Happy New Year to all of our fellow subrogation friends! Many of us use the start of the New Year to create personal New Year’s Resolutions. These resolutions are not limited to our personal lives. In this episode of Subro on the Go, regular co-hosts David Brisco and Joe Rich are joined by...
October 31, 2023
It’s that time of the year again! As the MLB World Series is underway, subrogation professionals are also gearing up for their own playoff run to reach their year-end goals, getting ready for end of the year mediations and looking to resolve those lingering pre-litigation cases with outstanding...
August 16, 2023
What is the day to day practice of subrogation going to look like in 5-6 years, or better yet, 5-6 months? Artificial Intelligence (AI) is hitting the world by storm, with all industries working to determine the role AI will play. For the subrogation industry, technology has played an...
April 26, 2023
In the first quarter of 2023, the Florida Legislature made three major changes to the Statute of Limitations for negligence claims, comparative fault rules in negligence cases, and the Statute of Repose for improvements to real property. In this episode, David Brisco (San Diego) interviews his...
March 14, 2023
Subrogation involving horses? Yes, this is a real thing. In this episode, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami), are joined by their partner, Suzanne Radcliff (Dallas), who provides an overview of this niche area of subrogation to listeners. In addition to some bad horse...
January 25, 2023
Do not let your subro claim blow up in your face! Subro professionals who have handled large explosion fires know firsthand that large explosion cases are complex, with significant hurdles to fully process. In this episode of Subro on the Go, regular co-hosts Joe Rich and David Brisco are joined...
November 21, 2022
Whether it is a turkey fryer that causes an unexpected cooking fire, or mishaps with trees and decorations that make the holidays literally go up in smoke, holiday related losses are common for subrogation professionals this time of year. So while it is the season to be joyful and hum along with...
September 07, 2022
Over the course of the weekend, California incurred a number of wildfires. Some were attributed to natural causes, however, the Mill Fire and Fairview Fire appear to have been caused by human activity and we are actively investigating both fires for recovery potential.
August 25, 2022
Howard Maycon, Kevin Bush, and David Brisco provide an update on the subrogation potential from the 2022 McKinney Fire and the 2021 South Fire.
August 16, 2022
Time is money in the subrogation industry. And knowing the timeframes of when you can pursue recovery claims is an important first step in evaluating your case, including determining the scope of your early investigation. Whether you can or cannot bring a claim due to a pre-determined timeframe...
June 07, 2022
In the latest episode, co-hosts, David Brisco and Joe Rich, are joined by Dan D’Imperio, Co-Director of National Subrogation Services, to discuss the role of Predictive Analytics in the subrogation industry. Like in Back to the Future when Doc. Brown shows up at the end of the movie with a...
April 06, 2022
It’s been two years since COVID-19 not only radically changed our daily lives but altered how recovery professionals approach litigating claims. Yes, two years have passed! In the first few months of the pandemic, courts, litigators and recovery professionals quickly adapted to use readily...
April 05, 2022
Mark Opalisky, Suzanne Radcliff, and David Brisco discuss the Hatcher Mountain/Indigo Lane Fire, Millstone Gap/Seymour Fire, Cold Springs Fire, and Wears Valley Fire that swept through eastern Tennessee on March 30 and 31.
March 23, 2022
Suzanne Radcliff, Steve Halbeisen, and David Brisco discuss the Eastland Complex Wildfires affecting the 76448, 76454, 76435, 76471, 76470, 76470, 76448, 76444, and 76445 zip codes.
February 10, 2022
Have you ever had a subro attorney tell you that you should file your case in state court versus federal court, or vice versa, and wondered, what’s the difference? Why would I want to be in one court versus another? In this episode of Cozen O’Connor’s Subro on the Go podcast, David Brisco is joined...
January 18, 2022
COGSA, Carmack, Allisons, and Himalaya Clause. These terms may not mean much for a traditional property subrogation professional, but if you are going to diversify into the world of ocean marine and inland marine subro, then these are a few of the many terms you will need to become familiar with....
October 21, 2021
Every subrogation case is, at its heart, a story about a loss event. As subrogation professionals, we endeavor to tell a story of the loss event and resulting damages in the most effective way possible, using photos and videos as our tools to explain liability and damages issues. Ultimately, we use...
September 07, 2021
Smart smoke detectors, vehicle data on key fobs, and geofencing are just a few of the new internet of things technologies emerging today. Subrogation professionals need to be aware of this ever-growing industry, including what new sources of data it provides to the subro investigation and what new...
July 07, 2021
Government tort claims come in a variety of shapes and sizes – broken city water main floods, bridge collapses, dam failures, government vehicles crashing into your insured’s building, etc. And just as the types of losses vary, so do the requirements regarding both placing the government entity on...
June 18, 2021
Do you have a subro question that you are anxious to ask? Then welcome to Subro Mailbag. In this episode, Cozen O’Connor Subro on the Go hosts David Brisco and Joe Rich read and answer questions from our podcast listeners on a variety of subro topics. How do you describe subrogation to friends...