Thomas R. Proctor

LANGUAGES
Estonian
LINKEDIN
Thomas Proctor

Overview

Thomas Proctor is an experienced trial lawyer and go-to litigator for insurance companies facing high-stakes, bad faith exposure. He delivers strategic, results-driven advocacy in complex disputes where financial, operational and reputational risks converge.

Thomas represents national and regional insurance companies in a wide range of first- and third-party bad faith matters, including catastrophic property losses, “cap-off” disputes and complex coverage issues. Thomas routinely provides strategic advice to his insurance clients on their highest-exposure matters before a lawsuit is filed to mitigate their potential exposure and avoid litigation if possible.

He also defends “institutional bad faith” cases with nationwide implications, bringing clarity and control to some of the industry’s most challenging disputes. Thomas regularly handles matters across jurisdictions, providing a coordinated approach to multi-forum litigation.

In his free time, Thomas enjoys mountain biking, playing pickup basketball and cheering on his four children at one of their volleyball, baseball or basketball games.


  • After four-week jury trial, won full defense verdict in favor of insurance company accused of bad faith failure to settle a $23 million liability claim against its policyholder. Policyholder had sought $23 million in economic loss, $23 million in emotional distress damages, and $180 million in punitive damages.
  • Represented insurer in jury trial and obtained a defense verdict in a case alleging breach of contract and bad faith.
  • Obtained summary judgment in failure to settle case, in which the claimant sought payment of a $30 million excess judgment (inclusive of interest) after the insurer allegedly failed to settle a catastrophic injury claim for the $15,000 policy limits. Affirmed on appeal. Dorroh v. Deerbrook, 223 F.Supp.3d 1081 (E.D. Cal. 2016), affirmed in Dorroh v. Deerbrook, 751 Fed. Appx. 980 (9th Cir. 2018).
  • Obtained summary judgment in failure to settle case, in which the claimant sought payment of a nearly $40 million excess judgment (inclusive of interest), arising out of the insurer’s alleged failure to accept a settlement demand for its $25,000 policy limits.
  • Obtained summary judgment in failure to settle case where the claimant obtained a $5 million judgment after the insurer allegedly failed to accept a settlement offer for its $100,000 policy limits.
  • Won motion dismissing breach of contract and bad faith claims against insurer in claim arising from purchase of $20 million in counterfeit wine. Affirmed on appeal. Doyle v. Fireman’s Fund, 21 Cal. App. 5th 33 (2018).
  • Represented insurer in coverage litigation arising out of the concussion lawsuits filed by thousands of former football players against the NFL and its official helmet manufacturer, Riddell.
  • Represented liability insurer against claims that it had improperly denied coverage for property damage that allegedly arose out of a progressive loss occurring over a period of 30 years.
  • Wildfire Litigation: Represented insurers in numerous cases arising out of the 2003 and 2007 southern California wildfires, primarily involving claims for underinsurance.
  • Institutional Bad Faith Litigation: Represented a national insurer in cases throughout the country alleging that the insurer had an institutionalized practice of low-balling claims.

Education

J.D., Brigham Young University, 2006, Note and Comment Editor, BYU Law Review, cum laude

B.A., Brigham Young University, 2003

Admissions

California

San Diego Rising Star, Super Lawyers, 2016

San Diego County Bar Association

J. Reuben Clark Law Society

American Inns of Court - J. Clifford Wallace Chapter

Association of Business Trial Lawyers, San Diego Chapter