RACHEL K. EHRLICH, ESQ.

  • Available in Northern California, Southern California, Nationwide
  • Available for Mediation, Arbitration, and Private Judging assignments

Introduction

With a multi-faceted career spanning work as a casualty and coverage attorney, insurance claims person, underwriter, and executive, Rachel brings a well-rounded perspective to all of her mediations. She has worn many hats in the dispute resolution process including serving as: decision-maker, mediator, counsel of record, party representative, plaintiff, and insurance executive with final settlement authority. This breadth gives her a deep understanding of the factors that motivate the parties involved to settle their cases. In the mediator role, Rachel is adept at building rapport with both sides through candid communications. Her expertise in property, liability, automobile coverage, regulatory compliance, and good faith claim handling has been particularly beneficial in working through insurance-related matters.

A defense attorney stated, “Ms. Ehrlich was respectful of the emotional sensitivities of the other side, without losing her neutrality. She was extremely flexible about the physical and logistical challenges of the mediation and understood the effect of cultural differences on the parties, and how it affected negotiations.”

Specialties

Testimonials

Rachel was retained by the parties to mediate a contentious coverage and bad faith dispute arising out of what was essentially a condominium conversion construction defect case. The case involved somewhat obscure but critical issues of Illinois and Florida substantive law, and each party was hard set in its position. The amount in controversy was very large, and neither party acknowledged significant risk of a bad outcome heading into mediation. Nevertheless, drawing on her insurance industry experience and legal knowledge, Rachel managed to move the parties toward compromise by credibly framing the risk and confronting the attorneys on each side with the holes in their case. She was perceived by both parties as a credible, good faith broker, which is very hard to do when the decision makers on one side are volunteer board members with no legal or insurance background, and the decision makers on the other side are experienced insurance industry executives Rachel is one of the very few mediators I have encountered in 20 years of multi-jurisdictional construction defect, property damage and insurance recovery litigation who has the substantive knowledge and dispute resolution skills to solve a case like this. She made a tremendous effort to learn the case during the pre-mediation phase, and worked to become familiar with the decision-makers on each side. Further, when the settlement process hit a roadblock post-mediation, and needed some fine tuning, Rachel was responsive and worked to preserve the deal. I will not hesitate to recommend and use Rachel to resolve even my most contentious and challenging disputes.
- Attorney in a Coverage and Bad Faith Dispute.

Rachel did a stellar job in getting a case of mine resolved even though it took several months. It was a complicated case of liability and included difficult issues concerning various indemnity claims among the defendants. Rachel mastered the legal and factual issues of the case and kept the dialogue going until the matter could be resolved. I wish that she lived in Arizona so I could use her all the time! I recommend Rachel without hesitation.
- Attorney in a Catastrophic Injury Matter

Rachel was our mediator for a serious injury construction case involving multiple parties with cross claims for indemnity. Following a challenging day long session, the mediation ended in an impasse. Rachel stayed at it for several weeks following the mediation with several individual and group phone calls. Due to her persistence and ability to sort through the various liability and AI coverage issues, the case settled. I am certain that our case would not have settled without Rachel's tremendous effort.
- Counsel in catastrophic injury matter with multiple defendants

Website

https://www.ehrlichadr.com/

Experience Summary

Legal Career

  • Private mediator and arbitrator (2014-Present)
  • Appointed mediator to the United States District Court, Northern District of California (2015-Present)
  • Appointed Mediator, Superior Court of California, Alameda and Contra Costa Counties (2015-Present)
  • Appointed Arbitrator and Mediator, California State Bar and Contra Costa County Bar Association Fee Arbitration & Mediation Programs (2015-Present)
  • Dean, CLM Claims College School of Claims Mediation (2015-Present) Executive Council Member of and Instructor, School of Construction (2014-Present)
  • Chief Claims Officer & Vice President, CAMICO Mutual Insurance Company (2013-2014)
  • Senior Vice President, US Casualty Claims, Navigators Management Company (2009-2013, other positions held were Vice President Specialty Claims 2009-2012)
  • Claim Legal Coverage, Managing Counsel, The Travelers Indemnity Company (1997-2009, other positions held were National Team Leader for Regulatory Compliance 2004-2006, Claim Legal Coverage Counsel 1998-2005, Staff Attorney 1997-1998)
  • Associate, Robinson & Wood, Inc. (1996-1997)
  • Judicial Extern to the Honorable Judge Sandra Marguiles, Alameda County Superior Court, Law & Motion Department (1996)
  • Assistant Underwriter, Wexford Underwriting Managers (1992-1993)
  • Claims and Office Administrator, American E&S (now known as RT Specialty 1991-1992)

Education & Professional Affiliations

  • J.D., University of California, Hastings College of the Law, San Francisco, CA (1996)
  • B.A., University of California, Santa Cruz, Phi Beta Kappa, College Honors (1990)
  • Board of Directors, The Mediation Society (2015-Present)
  • Guest Lecturer, Mediation Advocacy, University of California, (2015, 2016)
  • Member, ABA Section of Dispute Resolution (2014-present)
  • Appointed Member, ABA Committee on Mediator Ethical Guidance (2015-present)
  • Member, ABA Section of Litigation (2014-present)
  • Member, Alameda County Bar Association, San Francisco Bar Association (Ethics Committee), Contra Costa County Bar Association (2015-Present)
  • Member, California Dispute Resolution Council (CDRC) (2014-Present)
  • Mediator/Arbitrator Member, Claims and Litigation Management Alliance (CLM)

Hobbies & Interests

Cooking interesting meals with family and friends, reading, and training their rescued dogs.

Legal Experience

Representative Case Information

Recent Representative Cases

Business/Commercial

Contractual

  • Mediated multi-party matter in which a commercial lease, property damage, and future profits were at issue. Negotiations were complicated by first and third party insurance coverage issues and an insurance subrogation claim.
  • Mediated contractual indemnification matter complicated by direct CGL coverage issues and additional insured coverage issues.

Construction

Construction Defects

  • Mediated residential multi-home construction defect matter. Two mediation sessions were held and total time from when mediation commenced until settlement with all defendants and plaintiffs was five months. Telephonic, e-mail, and text communications were instrumental in bringing the matter to resolution.
  • Mediated residential multi-home construction defect matter. One mediation session was held and total time from when mediation commenced until settlement with all defendants and plaintiffs was six months. Telephonic, e-mail, and text communications were instrumental in bringing the matter to resolution.
  • Mediated residential multi-home construction defect matter. Mediation commenced before homeowners initiated action against developer. Cross-defendants settled out continuously throughout.
  • Mediated residential single-family home construction defect matter against developer-general contractor who built the house “on spec.” Parties were highly contentious, emotional, and entrenched. There was no insurance coverage for developer-GC due to applicable exclusions which needed to be explained to plaintiff-homeowners. In five hours, matter settled in mediation session and final agreement was drafted and executed.

Insurance

Bad Faith

  • Mediated coverage and bad faith matter under cyber liability policy. Government investigation into insured’s practices.
  • Mediated coverage and bad faith matter regarding Employment Practices Liability policy. Underlying matter involved wage and hour violations, misclassification, and discrimination on the basis of national origin and race.

Coverage

  • Mediated coverage matter under commercial first party property policy. Fire loss to multiple insured structures. Valuation under various coverage parts was at issue.
  • Mediated coverage matter regarding allocation between various professional liability policies. Different medical professionals/entities were defendants in multiple underlying actions each insured by the carriers involved in the coverage action.
  • Mediated coverage matter regarding allocation of indemnity and defense between CGL and D&O policies insuring same entity on a named insured and additional insured basis.

Subrogation

  • Served as Neutral Evaluator of insurance coverage dispute between primary and excess insurers in which excess insurer contended primary should have paid double. Issues presented included standards of insurance policy interpretation and construction.

Real Estate

Landlord/Tenant

  • Mediated landlord-tenant matter in which landlord alleged nuisance caused by tenants and tenants alleged habitability, retaliatory and constructive eviction, discrimination, and harassment.
  • Mediated multiple unlawful detainer matters involving non-payment of rent, nuisance, breach of lease conditions, owner-move in, and Ellis Act.

Real Property

  • Mediated neighbor tree dispute. View homeowner sued tree homeowner to restore view that had become impaired by a tree and to address smaller trees that had not yet but could grow to impair the view.

Tort

Catastrophic Injury

  • Mediated wrongful death construction site accident matter – fall from scaffolding. Negotiations were complicated by competing claims by decedent’s surviving spouse and minor child, and criminal action against employer as serious and willful violations were found.
  • Mediated traumatic brain injury matter with multiple defendants, including a state agency. Issues included road construction signage design and execution, contractual risk transfer, additional insured obligations, and allocation amongst defendants.

Personal Injury

  • Mediated acquaintance sexual assault and battery in a public location. Injury to Plaintiff's person caused permanent nerve damage and necessitated surgery. Associated criminal action had concluded and defendant was on probation at the time of the mediation. High net worth defendant, no insurance involvement in settlement.

PI Auto

  • Mediated personal injury auto accident matter in which rotator cuff repair was at issue along with soft-tissue injuries. Plaintiff’s Medicare status became sticking point in finalizing settlement.

Premises Liability

  • Mediated personal injury action matter involving a big box home improvement store. Claimant suffered a cut to the leg requiring stitches and resulting in permanent scarring. Settled during mediation session.

Product Liability

  • Mediated wrongful death product liability matter. Negotiations were complicated by causation issues and incorporation doctrine defenses.

Downtown Los Angeles

601 S. Figueroa
Ste 4000
Los Angeles, CA 90017
Phone: 213.223.1113
Fax      : 213.223.1114

Los Angeles Mediation

West Los Angeles

11601 Wilshire Blvd
Ste 2040
Los Angeles, CA 90025
Phone: 310.442.2100
Fax      : 310.442.2125

Mediators Los Angeles

San Diego

402 W. Broadway
Ste 2400
San Diego, CA 92101
Phone: 619.814.1966
Fax      : 619.814.1967

San Diego Mediation

Santa Ana

1851 East First Street
Ste 1600
Santa Ana, CA 92705
Phone: 714.834.1340
Fax      : 714.834.1344

Orange County Mediation

San Francisco

100 Pine Street
Ste 1950
San Francisco, CA 94111
Phone: 415.266.1242
Fax      : 415.266.1243

San Francisco Mediation

Sacramento

980 9th Street
Suite 2200
Sacramento, CA 95814
Phone: 916.394.8490
Fax      : 916.394.8495

Sacramento Mediation