David Ezra leads Berger Kahn’s insurance coverage group from its Lake Forest office. David has successfully represented clients involved in insurance, claims and litigation for over 30 years.
He frequently serves as an expert witness in connection to contract and claims handling-related matters.
He also works as a mediator. He has helped parties resolve hundreds of lawsuits and disputes since receiving his ADR Certification from UCI in 2005.
David was named Best Lawyers Insurance Litigation “Lawyer of the Year” in Southern California for 2016, 2018 and 2019, to the list of Best Lawyers of America 2015-present, and Orange County’s “Top 5” Attorneys in Insurance and/or Employment law by OC Metro magazine. Super Lawyers named him to the top of the list of “Top 100” Southern California Super Lawyers from 2013-present and “Top 50” Orange County Super Lawyers from 2010-present.
Appellate Decisions
David has significant appellate experience, obtaining many published and unpublished decisions, including:
Farmers Ins. Exchange v. Superior Court, 2026 Cal.App., LEXIS 4627
Truck Ins. Exchange v. Martinez, 2026.Cal.App.Unpub., LEXIS 4349
Hayward v. Superior Court, 2 Cal.App.5th 10 (2016)
Underwriters of Interest Subscribing to Policy No. A15274001 v. ProBuilders Specialty Ins. Co., 241 Cal.App.4th 721 (2015)
Liberty Mut. Fire Ins. Co. v. Central Garden & Pet Co., 2013 Cal.App.Unpub.LEXIS 6245
Farmers Ins. Exch. v. Kim, 2013 Cal.App.Unpub. LEXIS 2309
Lomes v. Hartford Financial Services Group, 88 Cal.App.4th 127 (2001)
Continental Casualty Co. v. Superior Court (Paragon), 92 Cal.App.4th 430 (2001)
Padilla Construction Co., Inc. v. Transportation Ins. Co., 150 Cal.App.4th 984 (2007)
Molski v. Evergreen Dynasty Corp., 500 F.3d 1047 (9th Cir. 2007)
Equus Prods. v. Truck Ins. Exch., 2006 Cal.App.Unpub. LEXIS 10082
Published Works
David writes and speaks extensively on legal topics. Some of David’s publications include;
Books
Asterisk: Home Runs, Steroids, and the Rush to Judgement, Triumph Books (2008) (Foreword by Mike Schmidt)
Law Review Articles
‘Get Your Ashes Out of My Living Room!’: Controlling Tobacco Smoke in Multi-Residential Housing, 54 Rutgers Law Review, 135-189 (2001).
Sticks and Stones Can Break My Bones But Tobacco Smoke Can Kill Me: Can We Protect Children From Parents that Smoke?, 13 St. Louis University Public Law Review 547-590 (1994).
Separate But Not Equal: Gender Specific Dress Codes and Employment Discrimination, 3 Western State University Journal of Law 199-144 (1994).
‘Get Off Your Butts’: The Employer’s Right to Regulate Employee Smoking, 60 Tennessee Law Review 905-955 (1993)
Smoker Battery: An Antidote to Secondhand Smoke, 63 Southern California Law Review 1061-1112 (1990)
Other Articles
Insuring Against ‘Productive Laziness’ : Attorney Use of Artificial Intelligence, Westlaw Today (Thomson Reuters) (Dec. 2024) (co-author)
College Hazing And Underage Drinking: Taking a Shot (At Insurance Coverage), Reuters Legal News (Thomson Reuters) (Oct. 2025)
Air Rage: Fighting For Insurance at 30,000 Feet, Westlaw Today (May 2025) (co-author)
Will You Scoot By On Coverage? The Uncertainty of Insurance for Electric Scooters, Reuters.com (Jun. 2024) (co-author)
Can You Ensure Your Major Remodel Project Is a Dream Come True, Rather Than a Nightmare Waiting to Happen?, Reuters Legal News (Oct. 2023) (co-author)
Golf Carts: What Insurance is Par for the Course? Westlaw Today (Thomson Reuters) (Jun. 2023) (co-author)
Pre-Litigation Settlement Just Got a lot More Demanding, LA Daily Journal (Jan. 2023)
Suing Insurance Agents for Failing to Predict Future Needs?, Westlaw Today (Thomson Reuters) (Aug. 2022) (co-author)
Avoiding Bad Faith Damages: How to Handle Short-Fuse Policy Limit Settlement Demands, Carrier Management (Jan. 2022) (co-author)
New Year’s Resolutions for Handling Short-Fuse Settlement Demands, Claims Journal (Jan. 2022) (co-author)
Mastering the Blue Ridge Settlement Reservation of Rights, Claims Journal (Dec. 2016)
Reaching for Understanding: Mediating Employment Disputes with Small Business Owners, Orange County Lawyer (Jul. 2016)
Fraud and Collusion Defenses Can Be Risky, Los Angeles Daily Journal (Nov. 2015)
The Mediator’s Nightmare: Am I the Most Unreasonable Party’s Advocate?, Orange County Lawyer (Aug. 2015)
Making Sense of California’s “Accident” Requirement in Liability Insurance Policies, Insurance Coverage Law Report, FC&S Legal (two-part article, Sept. and Oct./Nov. 2014)
Taking A Pregnant Pause: Potential Pitfalls In Applying The Business Judgement Rule and The Mixed Motive Defense in Employment Cases, Orange County Lawyer (Oct. 2014)
What You May Not Know About Uninsured Motorist Claims, Claims Journal (Aug. 2014)
Writing A “Winning” Mediation Brief, Mediate.com (Feb 2014)
Loose Lips Sink Ships: Panel Counsel and Confidentiality, Los Angeles Daily Journal, Sept. 16, 2013.
How Presley Homes Has Changed the Duty to Defend, Los Angeles Lawyer, April 2003.
Shedding New Light on the Cumis Doctrine, The Recorder , October, 1998.

