David Brickner

Hon. David H. Brickner (Ret.)

Case Manager
Lisa Winch
T: 714-937-8219
F: 714-939-8710
5 Park Plaza, Suite 400, Irvine, CA 92614


In his 20 years on the bench and after handling over 400 mediations and arbitrations, Judge Brickner has tried, settled, mediated, or arbitrated numerous insurance matters. His insurance experience encompasses a broad range of legal issues including:

  • Additional insureds
  • Annuities
  • Bad faith
  • Brokers and agents
  • Business interruption
  • Casualty
  • CGL policies
  • Declaratory relief
  • Disability (including incontestability clauses)
  • Duty to defend
  • Life insurance
  • Mold coverage
  • Periodization under MICRA
  • Seriatim coverage issues
  • Title insurance
  • Workers' compensation

Representative Matters

  • Case involving question of application of incontestability clause in disability policy where surgeon knew of disabling disease prior to securing policy
  • Complex coverage case involving several carriers and a shipment of malfunctioning Canadian farm equipment purchased in the United States for use in Australia
  • Construction defect coverage issues bringing into play "additional insured" questions; seriatim coverage; scope and extent of coverage; and exclusions and issues arising in situations of land subsidence occurring during the course of several policies' inception
  • Coverage of negligent versus intentional torts in child molestation cases
  • Coverage question arising under homeowner's policy where a fight broke out resulting in serious injury
  • Actions against brokers where broker allegedly negligently failed to secure correct policy or failed entirely to secure any policy
  • Duty to defend in cases involving intentional tortfeasors against whom negligence has been alleged
  • Adjunct Professor of Law, Western State University College of Law, Fullerton, California
  • Author, “Brickner’s Bits” column, previously published in the Los Angeles Daily Journal
  • Member, Orange County Superior Court Executive Committee, 1998
  • Member, California Judges Association, 1982-present
  • Board of Directors, Children's Home Society, Santa Ana, 1981-1985
  • Member, American Bar Association, 1970-1983
  • Member, Orange County Bar Association, 1968-1983 (Board of Directors, 1982)
  • Past President, Barristers Club, Orange County, 1975-1976
  • Past President, William Gray Inn of Court, 2003-2004

ADR Profiles

  • Pepperdine School of Law, Straus Institute STAR Mediation Program, 2003
  • Judge, Orange County Superior Court, 1986-2003
  • On assignment, Court of Appeal, 1984 (published two opinions)
  • Judge, Municipal Court, West Orange County Judicial District, 1983-1986
  • Private law practice, civil litigation and criminal law, 1972-1983
  • Deputy District Attorney, Orange County, 1969-1972
  • Lieutenant, United States Navy, 1962-1965
  • J.D., UCLA, School of Law, 1968
  • B.A., Stanford University, 1961

Counsel Comments

    • "In our mediation, Judge Brickner cut right to the core issues and, with his persistent efforts, was able to help us settle our case." 

      – Orange County Attorney
    • “Judge Brickner is good at cutting to the core issues in the case and is skilled at bringing the parties to agreement.”



Practice Areas

Available nationwide


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