Lawyers

Attorney Profiles

Tahereh (Tara) Mahmoudian

TAHEREH (TARA) MAHMOUDIAN

Of Counsel — Los Angeles

EXPERIENCE

Tara Mahmoudian’s practice areas include business litigation, complex insurance coverage/bad faith litigation and coverage analysis.  She manages all phases of litigation in business lawsuit involving business torts, intellectual property, breach of contract, breach of fiduciary duty, construction defect litigation, and other complex litigation.  She has represented individual and entity policyholders (engineers, architects, physicians, professionals, business owners, land developers, general contractors, subcontractors and others) in third party lawsuits pursuant to Errors & Omissions policies, Directors & Officers policies, Commercial General Liability policies and other types of insurance policies.

Ms. Mahmoudian also represents insurers in contractual and bad faith litigation and inter-insurer contribution/indemnity and subrogation matters, coverage disputes regarding environmental, mass tort, products liability coverage, defective construction claims, and personal and advertising injury coverage claims.

She also handles a wide variety of matters involving complex coverage issues, including the timing of damages claimed, defense and indemnity allocation formulas, breach of policy conditions, and the applicability of primary versus excess insurance policies, interpleader actions and exhaustion of limits issues.

Ms. Mahmoudian has been involved in several complex environmental litigation cases; including the defense of a case involving a CERCLA contribution claim and various state claims.  The action, filed by an oil company after settlement with the EPA, was brought against the owners of a trucking company whose business was located adjacent to a permitted dump site and which was later declared a Superfund Site by the EPA.  She also worked on several cases (representing manufacturers) involving contamination of ground water in San Gabriel Valley which allegedly resulted in serious injuries and Tara Mahmoudian was a structural engineer for several years before going to law school. She worked on retrofitting projects on older commercial buildings to ensure compliance with the seismic codes. She also worked with architects and developers in designing of new commercial buildings.

Prior to joining Ropers, Majeski, Kohn & Bentley in 2007, Ms. Mahmoudian’s practice focused on representation of businesses and health care insurers and providers and managed care entities in complex litigation, including class actions. She has also successfully represented clients in the courts of appeal.

Representative Experience

  • Prevailed on a motion for summary judgment after interpleading with the court the policy limits [owner controlled insurance program (“OCIP”) policy with defense costs within limits] in connection with a complex construction defect action relating to a construction development including over 300 homes.  As a result, the court held that the insurer’s obligation was capped at the policy limits; the interpleader was appropriate; the insurer no longer had any duty to defend and/or indemnify the general contractor or subcontractors enrolled in the OCIP after interpleader.
  • Obtained partial summary judgment that construction defect losses in over 200 homes constituted a single occurrence.  As a result, the insurer did not have to pay general aggregate policy limits of $2 million and only paid the per-occurrence limits of $1 million.
  • Achieved a favorable settlement in a declaratory relief action despite adverse law on the pollution exclusion in the forum state.
  • Successfully removed state court coverage action to federal court and obtained dismissal of all claims against an insurer pursuant to a motion to dismiss establishing no duty to defend or indemnify by the insurer that had declined coverage for a third party lawsuit alleging nuisance and breach of contract relating to an easement against homeowners.
  •  Obtained summary judgment in favor of an insurer establishing no coverage under a CGL policy because of application of “auto exclusion” even though the business-owner insureds may have somehow created dangerous condition resulting in vehicular accident.
  • Prevailed on a motion for summary judgment in action by insurance broker against an insurer for indemnity and contribution after home-builder insured agreed to a stipulated judgment against it and then assigned its rights to homeowners who then sued insurance broker for negligence and breach of contract for failure to obtain adequate/proper insurance coverage.  The insurance broker then filed a cross-complaint against the insurer.  The court held that insurance broker’s sole negligence resulted in not having several homes scheduled under the home-builders’ policy and insurance broker was not entitled to indemnity or contribution from the insurer.
  • Obtained a favorable settlement for an insurer in a construction defect lawsuit (involving over 175 homes) against a regional private homebuilder under its umbrella liability policies, including the issue of the number of occurrences and self-insured retentions.