Michelle L. Tommey
Ms. Tommey joined Gibson Robb & Lindh in April 1999. For the first few years, she handled primarily cargo subrogation matters. Since 2002, Ms. Tommey has specialized in marine insurance coverage, advising insurers regarding coverage under Cargo, Protection & Indemnity, Hull, Marine General Liability and Commercial Marine Liability (MGL or CML), and other marine policies. In addition, she provides non-marine coverage advice under various types of liability and first-party policies.
Ms. Tommey has substantial experience in handling insurance coverage litigation on behalf of insurers, including defense of coverage and bad faith lawsuits, rescission actions, and contribution claims between insurers in both state and federal court.
After 9 years with the firm, Ms. Tommey relocated to England in 2008, where she continues her professional association with Gibson Robb & Lindh remotely. Ms. Tommey’s current practice includes California or U.S.-based marine insurance coverage matters on behalf of U.S. insurers and London underwriters, as well as coverage/bad faith litigation representing U.S. and London underwriters.
Ms. Tommey also has substantial experience in marine personal injury defense matters, primarily focusing on dispositive motions, trial preparation work, and appeals. She also has significant experience in litigating cargo subrogation matters.
Ms. Tommey has become one of the firm’s experts in appellate work, primarily involving marine personal injury matters, and has drafted various petitions for writs of mandate and appellate briefs in both state and federal court.
Fish N Dive LLC, et. al. v. Tyler Brown, et. al., 33 F.4th 1157 (9th Cir. 2022), involving interpretation of what constitutes “written notice of a claim” to trigger the 6-month statute of limitations under the Limitation of Liability Act (LOLA), a matter of first impression for the 9th Circuit.
Teaching and Presentations
“Causation, Inherent Vice, and Packaging: U.S. Perspective”
Part of a comparative analysis of marine cargo coverage issues under U.K. and U.S. law London, England October 28, 2011
“The California Insurance Regulations: Fair Claims Settlement Practices”
In house Certification of Marine Claims Group at RSA, London October 24, 2011
California State Bar
Association of Marine Underwriters of San Francisco
Co-author, “The Primary Assumption of the Risk Doctrine is Consistent with Maritime Law,” University of San Francisco Maritime Law Journal, 28 U.S.F. Mar. L.J. 93 (2015-16)
Hastings College of the Law, University of California, J.D., 1997
University of California, San Diego, B.A. in Political Science and Women’s Studies, 1994