Ryan Caplan is a member of Buchalter’s Litigation and Insurance Law practice groups in the firm’s San Diego office.  He is a commercial litigator specializing his practice in insurance recovery and insurance counseling for policyholder clients.  Mr. Caplan represents both commercial and individual insureds in first-party and third-party coverage matters and has extensive experience litigating and counseling across a variety of insurance lines, including:

• Commercial General Liability (CGL)
• Directors & Officers (D&O)
• Employment Practices Liability (EPL)
• Errors & Omissions (E&O) / Professional Liability
• Excess / Umbrella Policies
• Cyber & Crime Coverage Policies
• Builders Risk / Wrap Insurance
• Homeowner Policies
• Commercial Property & Business Interruption Coverage
• Risk-Pooling / Memorandums of Coverage
• Representation and Warranty Insurance
• Pollution Legal Liability
• Cargo / Inland Marine
• Disability Income

Mr. Caplan has represented clients in a wide-array of insurance coverage and “bad faith” disputes, on behalf of both private sector and public sector clients.  He has procured policy benefits and recovered millions of dollars in damages for his clients through pre-litigation negotiations, mediations, arbitrations, trials, and settlements.  Mr. Caplan also advises clients on matters relating to insurance options, risk-shifting strategies, and contractual insurance requirements.

In addition to his insurance practice, Mr. Caplan has extensive experience with commercial litigation and appellate representation, including contract disputes, unfair business practices, trade secret matters, and complex litigation.  Mr. Caplan has litigated matters in state and federal court and has argued multiple appeals before the California Courts of Appeal and the United States Court of Appeals for the Ninth Circuit.

Mr. Caplan is AV Preeminent rated by Martindale-Hubbell® and was recognized as a “Super Lawyer” in Insurance Law for 2024 and a “Rising Star” in Business Litigation by San Diego Super Lawyers from 2015-2017 and has been honored as a 2024 Top Lawyer in Appellate Law by San Diego Magazine.

Bar Admissions

• California
• Arizona

Education

• University of San Diego School of Law
• University of California, San Diego

Significant Accomplishments
<ul><li>Recovered over $1.3 million in a coverage dispute involving a homeowner insurance policy on behalf of policyholders who experienced a sudden water intrusion in their home.</li><li>Obtained a significant six-figure settlement in a coverage lawsuit involving alleged misrepresentations in an insurance application and attempts to rescind the policy.</li><li>Obtained over half a million dollars in insurance contributions towards a settlement on behalf of a property management company in a habitability claim lawsuit.</li><li>Obtained a significant six-figure settlement on behalf of a business owner in a coverage dispute involving a first-party property loss and business interruption claim stemming from a flooding incident at the client’s offices.</li><li>Successfully briefed, argued, and prevailed in the United States Court of Appeals for the Ninth Circuit, establishing our client’s indemnification rights under a CGL policy for the Lanham Act and unfair competition claims, resulting in over $3 million in recovery.</li><li>Successfully challenged the denial of long-term disability benefits by a disability insurer, resulting in a full reinstatement of benefits for our client.</li><li>Obtained summary judgment establishing an insurance company’s defense obligation in a trademark lawsuit, leading to a multi-million dollar settlement in favor of our client.</li><li>Successfully briefed and argued before the United States Court of Appeals for the Ninth Circuit, obtaining a reversal on the issues of whether California Insurance Code section 533 applied to an insurer’s duty to defend and whether an underlying claim was excluded from coverage under a policy exclusion.</li><li>Obtained partial summary judgment on the issue of a client’s entitlement to independent insurance-funded defense counsel.</li><li>Obtained total summary judgment on entitlement to nearly $2 million in interpleaded insurance proceeds on behalf of a municipality.</li><li>Obtained a preliminary injunction on behalf of a media company against a former vendor who had attempted a hostile takeover.</li><li>Co-represented a municipality in the prosecution of a significant insurance coverage and bad faith litigation against a national insurer, resulting in a substantial settlement in favor of the municipality mid-trial.</li><li>Successfully briefed and argued before the United States Court of Appeals for the Ninth Circuit, obtaining a reversal on the issue of the insurability of damages under the Lanham Act.</li><li>Successfully argued multiple appeals before the California Courts of Appeal.</li><li>Successfully obtained preliminary and permanent injunctive relief in trade secret litigation.</li><li>Represented employers and former employees in trade secret misappropriation litigation.</li></ul>

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