Ross Dwyer is an Associate at Tyson Mendes’ San Diego office. His practice focuses on general liability defense, where he defends clients in a range of matters, including catastrophic personal injury and employment. Mr. Dwyer also has extensive experience litigating complex insurance coverage disputes under personal and commercial lines.
Mr. Dwyer has represented individuals and businesses throughout California in state and federal courts, and before administrative agencies. Using his significant insurance litigation experience, Mr. Dwyer is able to expertly and quickly evaluate his matters for dispositive resolution, and determine what needs to be done to position appropriate cases for summary judgment. Mr. Dwyer has had great success on dispositive motions, including defeating a lawsuit on demurrer which alleged unfounded discrimination claims against an insurance company and broker, and striking a large punitive damages claim in a personal injury action where the actual damages were extremely minimal. Mr. Dwyer has also second-chaired a multi-million dollar construction defect action, achieving a favorable result which saved the client millions of dollars.
Mr. Dwyer graduated from Santa Clara University in 2003 with a B.A. in Philosophy and Spanish. He then worked at Progressive Insurance as a claims representative specializing in high exposure auto injury claims. Mr. Dwyer graduated from Santa Clara University School of Law in 2011, where he made the Dean’s List and received the High Tech Excellence Award. During law school, Mr. Dwyer clerked for the Honorable William J. Monahan of the Santa Clara County Superior Court. He is licensed to practice before all courts of the State of California and the United States District Courts for the Northern, Central, and Southern Districts of California
In his free time, Mr. Dwyer enjoys spending time with family and friends, playing guitar, and creative writing. Mr. Dwyer is a big sports fan and loves all things NBA.
First Watch Restaurants (“First Watch”) owns a popular chain of brunch restaurants throughout Florida and 28 other states. In a lawsuit entitled First Watch Restaurants, Inc. v. Zurich American Insurance Company, First Watch alleged it suffered business interruption losses caused by the COVID-19 pandemic, and its insurer, Zurich American Insurance Company (“Zurich”), wrongfully refused to…
This month we report on a familiar story happening in Florida federal courts: a business seeks coverage from its insurance carrier for losses related to the COVID-19 pandemic, the insurer denies the claim, the business sues in court to recover damages from its insurer, and the court rejects the lawsuit.
Tyson & Mendes has been tracking COVID-19 insurance lawsuits brought by businesses seeking to recoup losses from insurers related to the pandemic. Last month, we reported on a beer distributor who had its insurance coverage lawsuit dismissed by the United States District Court for the Middle District of Florida. This month, we report on a Florida dentist who suffered a similar result when Florida’s Southern District Court tossed his insurance coverage lawsuit against Hartford Casualty Insurance Company (“Hartford”).
Beer and wine distributor Harvest Moon Distributors, LLC (“Harvest Moon”) supplied beer to Walt Disney Parks and Resorts US (“Disney”). When Disney voluntarily closed the park to the public on March 15, 2020, due to the COVID-19 pandemic, Harvest Moon allegedly suffered a loss of business income and inventory after Disney refused to accept any further beer from Harvest Moon, and refused to compensate Harvest Moon for the loss.