Practice Summary

Mr. Cummins’ practice areas include transportation and marine insurance, maritime casualty, property damage and personal injury defense, subrogation (both landside and marine), commercial litigation, and contract negotiation and drafting, with an emphasis on transportation and maritime related transactions, including Project Cargo.

He has successfully prosecuted and defended numerous cases through trial and appeal. He assists insurers in recovery and coverage, including bad faith and fraud, and also represents their insureds in claims involving vessel repairs, marina liability, property damage and personal injuries. Mr. Cummins also assists manufacturers with product liability claims at all stages of litigation, from pre-suit through trial.

Mr. Cummins regularly advises and assists clients with negotiating and drafting contracts, including charter parties (voyage, time, and bare boat), towage, purchase and sale agreements (including both vessel and Project Cargo transactions), transportation, and those involving landside issues. He also assists clients in resolving commercial disputes, including those involving international business and maritime transactions, and possesses experience with assisting both U.S. and Foreign based clients with prosecuting and defending commercial claims.

His published case results include Motorola v. Federal Express, 308 F. 2d 995 (9th Cir. 2002), a case which involved two issues of first impression before the Ninth Circuit Court of Appeals, and Nissan Fire and Marine and Hitachi Data v. Bax Global, 2008 U.S.App. LEXIS 12624 (9th Cir. 2008).

Memberships

California State Bar
Association of Marine Underwriters of San Francisco
Maritime Law Association of the United States

Educational Background

Mr. Cummins graduated from University of California Hastings College of Law in 1996. While at Hastings, in addition to being a member of the Hastings Law Journal, he clerked for the Honorable Carlos Bea of the San Francisco Superior Court, who is now a Circuit Judge for the United States Court of Appeals, Ninth Circuit. Prior to Hastings, Mr. Cummins obtained a Bachelor of Science degree in Finance (summa cum laude) from Golden Gate University in 1985.

He has provided in house seminars and spoken before many organizations, including the San Francisco Marine Claims Association and the Marine Insurance Association of Seattle, on numerous topics, including The Warsaw Convention, The Vessel Limitation of Liability Act and California Insurance Claim Regulations and Practices.