Nate McKitterick’s practice concentrates on insurance counseling spanning a range of subspecialties. He also represents clients in commercial litigation of all types in state and federal courts. In 2004, Mr. McKitterick received the Wiley W. Manuel Award for Pro Bono Legal Services from the California State Bar Association.

Mr. McKitterick has experience in most forms of insurance coverage: directors and officers liability, commercial general liability, employment practices liability, technology errors and omissions, homeowners, business interruption, cargo, environmental liability, environmental cost cap, employee benefits liability, fiduciary liability, title insurance, tax liability, litigation management, and representation and warranty.

Representative past matters include:

Insurance

• Assisting corporations in assessing risks and negotiating the terms of directors and officers, employment practices, commercial general liability, and other insurance policies. 
• Advising corporations and individual directors and officers regarding rights under insurance policies with regard to actual or potential claims, including in bankruptcy situations.
• Advising regarding insurance and indemnification issues in M&A deals.
• Negotiation of insurance and indemnity provisions in various commercial deals.
• Representation of insurance brokers in various litigated disputes.
• Advising corporate clients regarding insurance market and products, and providing broker contacts to fulfill particular needs.
• Advising clients regarding their personal insurance programs and assistance with major claims (e.g., total house fire losses).

Real Estate

• Assisting in the drafting and negotiation of contractual indemnity and insurance provisions.
• Assisting commercial landlords in cases alleging default or breach, including unlawful detainer actions.
• Assisting commercial tenants in lease negotiations and renegotiations, landlord disputes, and lease workouts.
• Litigation of disputes between contractors and property owners.
• Represent parties in real estate broker disputes and breach of fiduciary duty matters.

Commercial Litigation

• Represented a pharmaceutical company in claims against another pharmaceutical company relating to clinical trial errors, securing a multi-million dollar settlement for the client. 
• Represented a chip manufacturer in breach of warranty and negligence claims where the plaintiff demanded over $2 million; settled for $200,000, paid 100 percent by insurance proceeds.
• Represented a manufacturer in a trade secret and interference with business claim by major competitor; demand was $1.7 million, but ultimate settlement involved no payment to plaintiff.
• Drafting of, interpretation of, and litigation relating to insurance and indemnification agreements.

Published Decisions

• Allstate Insurance Company v. Mel Rapton, Inc. (2000) 77 Cal. App. 4th 901, 92 Cal. Rptr. 2d 151
• Gonzales v. Ameriquest Mortgage Co. et al., 2004 WL 2472249 (N.D. Cal.)

REGISTRATIES

• California

Publicaties

• “Will the Insurance Follow? A Look at M&A in the Light of California’s Henkel Case,” ABA Business Law Today, Vol. 13, no. 4 (March/April 2004)
• “A.O.L. v. St. Paul Mercury Insurance: The Fourth Circuit Revisits Coverage for Damage to Data,” Journal of Internet Law ( January 2004)

Vroegere ervaring

• Associate, Rudloff Wood & Barrows (1996-2000)
• Associate, Lossing & Elston (1994-1996)

Vrijwilligerswerk

• Valley Presbyterian Church, Elder
• Town of Portola Valley , Planning Commissioner