Todd Erb is a partner in the firm’s litigation practice group. He is licensed in Arizona and Nevada and litigates extensively in both states.
Todd assists clients in a broad range of tort litigation matters, with specific expertise in first-party insurance coverage defense, professional liability defense (including legal malpractice and E&O claims against various types of professionals), and premises liability defense. He also has experience representing claim administrators in ERISA litigation and retailers in product liability disputes. In addition to defending lawsuits, his experience includes providing coverage opinions to property and casualty insurers, enforcing subrogation rights, and representing obligors in structured settlement transfers.
Todd’s recent successful representations include:
- Summary judgment in favor of life insurer on breach of contract, bad faith, and punitive damages claims, see Downs v. River City Group, LLC, 3:11-CV-00885-LRH, 2013 WL 4506141 (D. Nev. Aug. 22, 2013);
- Summary judgment in favor of health service provider against patient alleging various intentional tort claims;
- Prevailed on motion to compel arbitration of counterclaims asserted against insurer in interpleader action, see Knights of Columbus v. Virginia Trust, 2:12-CV-688 JCM VCF, 2013 WL 1182203 (D. Nev. Mar. 21, 2013);
- Summary judgment on indemnity claim against insurance agent;
- Judgment in favor of AD&D insurer in ERISA benefits dispute;
- Summary judgment in favor of a commercial landlord in a lease dispute with guarantor.
- Downs v. River City Group, LLC, 288 F.R.D. 507 (D. Nev. 2013)
- Co-Author, "Rescission: Common Procedural Pitfalls," Life, Health & Disability News, August 2013
- Co-Author, "Common and Evolving Attacks on Policy Rescission," DRI Defense Practice Seminar Course Materials, April 2013
- Co-Author, "Remand Chapter," DRI Removal Deskbook - Getting Your Case To Federal Court, 2011
- Author, "A Case for Strengthening School District Jurisdiction to Punish Off-Campus Incidents of Cyber-Bullying," 40 Ariz. St. L.J. 257, 2008
- Co-Author, "Nevada Chapter, Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey," (2nd ed.), ABA Publishing , 2015
- Southwest Super Lawyers - "Rising Star", 2015
- Arizona Foundation for Legal Services and Education - Top 50 Pro Bono Attorney in Arizona, 2014