David Capell, a partner at Gordon & Rees since 1992, specializes in advice to and litigation on behalf of insurers with regard to their varied business needs. Mr. Capell focuses on addressing the most challenging problems confronting insurers. He is also involved in management of the firm’s national Insurance practice group, having been its chair for many years. His role within the practice group helps him organize nationwide resources to support the insurance industry.
Mr. Capell has litigated cases, typically alleging bad faith, involving the following types of insurance and related financial products: property and casualty; directors and officers; errors and omissions; life, health, and disability, including California’s health care service plans; annuities; personal lines; and policies affording coverage for environmental exposures. He has also resolved class actions related to these financial products. Mr. Capell has a broad range of trial and appellate experience in this specialized field due to the depth and breadth of his engagements.
A complementary part of Mr. Capell's practice has been representing insurance agents and brokers. His understanding of the distinct issues confronting these entities, e.g., dual agency questions or the existence and scope of duties, permits Mr. Capell to further refine his client’s litigation strategy, whether the client is an insurer or an agent or broker.
In 2009, the Insurance Group of Gordon & Rees debuted in the California section of Chambers USA: The Client's Guide to America's Leading Lawyers for Business. According to Chambers USA, "Department head David Capell has made a name for himself in property and casualty litigation, where clients say his 'upfront analysis means we are able to set things out properly and know exactly which course of action to take.'" Chambers USA also described the California Insurance Group as follows: "This efficient and thorough department makes its debut in the table this year after interviewees highlighted its knowledgeable and assertive attorneys who are 'true to their word and not afraid to take something all the way.'"
The Insurance Group has continued to be ranked in the California section of Chambers USA since its debut in 2009. In 2012, clients described the lawyers in the group as “knowledgeable, thoughtful, diligent,” “do not promise more than they can deliver,” and “sometimes deliver miracles.” Mr. Capell was highlighted as a "key individual" whose clients describe him as "brilliant, analytical, thorough, persistent, and formidable.”
Prior to attending law school, Mr. Capell practiced civil engineering for five years. He continues to be a licensed professional engineer in California.
U.S. District Courts, California
U.S. Court of Appeals, Ninth Circuit