Profile
Besides having an article published in the Oklahoma Bar Journal regarding bad faith insurance, David Bernstein has taught numerous legal seminars since 1991 for many organizations, including the Oklahoma Bar Association, the University of Oklahoma College of Law, the Oklahoma Association for Justice, the National Business Institute, and the Cleveland County Bar Association. Topics taught include insurance bad faith, uninsured motorist claims, personal injury claims, trial tactics, insurance law, trucking law, and evidence. One jury trial in which Bernstein was involved resulted in a jury verdict of $9 million. Almost all of Bernstein's cases are by referral, and he advances all expenses. See his Web site for complete information.
About David Bernstein
Admitted: 1983, Oklahoma
Scholarly Lectures and Writings:
Verdicts and Settlements:
- Oklahoma Court of Appeals (cert denied) reversed trial court and held that even though GAP agreement sold to car purchaser states that the GAP agreement is not insurance, the GAP agreement will be treated as insurance subjecting insurance company and its agents to claim for bad faith since (1) the purchaser parted with money for the GAP product, and (2) the GAP product purchased constituted a promise of one or more third parties to pay his debt (deficiency) upon the happening or occurrence of certain conditions (total loss by accident or theft) as evidenced by the GAP product. See Embry v. Innovative Aftermarket Systems, LP, 2008 OK CIV APP 92, 198 P.3d 188., 2008
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- $9,000,000.00 jury verdict in wrongful death action against trucking company for young nurse who died in collision. Cars backed up and nurse stopped 900 feet behind truck that lost control on ice and blocked all 3 lanes of traffic on icy bridge. Another car (with no insurance) rearended stopped car with nurse in it, killing nurse. Jury found trucking company 40% negligent for collision., 1996
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- Oklahoma Supreme Court accepted cert and reversed Court of Appeals and Trial Court, finding that on case of first impression, a municipal police officer qualifies as a "government authority" under the Financial Privacy Act (Act), 6 O.S. 1981 § 2201-2204 thus making bank liable when it releases any information to a "government authority" unless the institution has either the written consent of the customer for the specific record requested, or it has been served with a subpoena for the specific record pursuant to § 2204. See Haworth v. Central Nat. Bank of Oklahoma City, 1989 OK 20769 P.2d 740., 1989
