David D. Brisco

Vice Chair, Subrogation & Recovery, West Region

Recent Publication:

State Specific Series – Kansas: There’s No Place Like Home [Subrogation & Recovery Law Blog]

Location, location, location! The viability of a subrogation case will vary depending on the loss location. The combination of law and fact in one state can yield subrogation potential, whereas in another that mix can be detrimental. Each State has varying rules that impact subrogation potential,...

David Brisco is responsible for managing a subrogation litigation caseload in various legal areas, including wildfires, product liability, negligence, construction defect and breach of warranties.

David litigates a wide range of cases, including wildfires, intensive product defect lawsuits against many of the largest consumer and commercial product manufacturers, as well as lawsuits against construction entities of all sizes for catastrophic construction losses. His experience also includes pursuing international entities responsible for fires, floods and other losses in the United States. David also advises clients on the use of numerous social media sites to aid in investigating the cause of losses.

David has tried and won cases in California state courts, including a unanimous jury verdict against a copy machine manufacturer for a fire that destroyed a commercial building. David has also obtained numerous judgments in his clients' favor in intercompany arbitration. 

David is co-host of Cozen O’Connor’s subrogation podcast, “Subro on the Go”, through which he discusses trending legal, technological, and claims handling issues in subrogation. 

David has authored several articles and white papers and is a regular speaker at national industry events including National Association for Subrogation Professionals (NASP) and Property & Liability Resource Bureau (PLRB).  Between 2011 and 2020, David has presented on a variety of litigation and property insurance topics, including subrogation investigation, wildfires, negotiation, social media, cyber law, waivers of subrogation, tech product fires and international claims. 

David earned his undergraduate degree from the University of California at San Diego in 2002. He earned his law degree, cum laude, in 2005 from Pepperdine University School of Law where he was a member of the Pepperdine Law Review. Recently David was voted into the 2014 Best of the Bar by the San Diego Business Journal and has also been selected as a Rising Star by the Super Lawyers Magazine from 2015-2020.

News

Cozen O’Connor Announces New Group Chairs, Office Managing Partners, Other Promotions

February 15, 2024

The firm announced several new practice group chairs, office managing partners, and leaders of firm committees and initiatives

And I Quote – Because Relationships Matter

April 12, 2022

David Brisco joined Coterie Insurance Company on the latest episode of the podcast "And I Quote".

Cozen O’Connor Names Six New Shareholders

September 07, 2017

Cozen O’Connor is proud to announce the promotion of six members to shareholders of the firm: David Brisco (San Diego), Michael de Leeuw (New York), John Dickenson (West Palm Beach), Jonathan Lichtenstein (Philadelphia), William Walsh (Seattle), and Ingrid Welch (Philadelphia).

Cozen O'Connor Attorneys Voted 2016 Best of the Bar by the San Diego Business Journal

April 11, 2016

Leslie Hulburt and David Brisco (Subrogation & Recovery, San Diego) were featured in the San Diego Business Journal - Best of the Bar 2016.

Cozen O'Connor Attorney Voted 2014 Best of the Bar by the San Diego Business Journal

August 14, 2014

David Brisco (Subrogation, San Diego) was voted 2014 Best of the Bar by the San Diego Business Journal. More than 1,000 votes were cast from 146 firms and solo practices throughout the area. Legal professionals throughout the metro area cast votes and were urged to consider not only colleagues at their firms, but also those outside their walls. No one could make the list based solely on votes from others at the same firm. David said, “The best advice I have received as a plaintiff's lawyer is that nobody likes to pay money to someone they don’t like. So not only is it ok to be a lawyer who is nice/professional, but it is in your client’s best interest.”

Publications

State Specific Series – Kansas: There’s No Place Like Home [Subrogation & Recovery Law Blog]

October 15, 2024

Location, location, location! The viability of a subrogation case will vary depending on the loss location. The combination of law and fact in one state can yield subrogation potential, whereas in another that mix can be detrimental. Each State has varying rules that impact subrogation potential,...

State Specific Series – Louisiana: Let the Good Subro Times Roll [Subrogation & Recovery Law Blog]

July 02, 2024

The viability of a subrogation case will vary depending on the loss location and the facts.  The combination of law and fact in one state can yield subrogation potential, whereas in another that mix can be detrimental. Each of the States have varying rules that impact subrogation potential,...

Inverse Condemnation in California Affirmed! [Subrogation & Recovery Law Blog]

June 07, 2024

Affirmed! That is the word of the day as the California Court of Appeals recently issued a published decision affirming that an inverse condemnation cause of action continues to apply to investor-owned utilities in California. The Second District Court of Appeal affirmed the trial court’s...

State Specific Series – The Great State of Utah – The Beehive State [Subrogation & Recovery Law Blog]

May 13, 2024

Subrogation professionals who handle losses in multiple states know that the viability of a subrogation case will vary depending on the loss location. The facts of a particular incident may have subrogation potential in one state, but not in another, as each state has varying rules that impact...

Subro New Year’s Resolutions [Subrogation & Recovery Law Blog]

January 30, 2024

Happy New Year to all of our fellow subrogation friends!  Many of us use the start of the New Year to create personal New Year’s Resolutions.  These resolutions are not limited to our personal lives.  In this episode of Subro on the Go, regular co-hosts David Brisco and Joe Rich are joined by...

Chasing Checks: End of the Year Tips and Tricks [Subrogation & Recovery Law Blog]

October 31, 2023

It’s that time of the year again! As the MLB World Series is underway, subrogation professionals are also gearing up for their own playoff run to reach their year-end goals, getting ready for end of the year mediations and looking to resolve those lingering pre-litigation cases with outstanding...

AI’s Evolution and What it Means for Subro [Subrogation & Recovery Law Blog]

August 16, 2023

What is the day to day practice of subrogation going to look like in 5-6 years, or better yet, 5-6 months?  Artificial Intelligence (AI) is hitting the world by storm, with all industries working to determine the role AI will play.  For the subrogation industry, technology has played an...

Florida’s Fast & Furious Tort Law Changes [Subrogation & Recovery Law Blog]

April 26, 2023

In the first quarter of 2023, the Florida Legislature made three major changes to the Statute of Limitations for negligence claims, comparative fault rules in negligence cases, and the Statute of Repose for improvements to real property. In this episode, David Brisco (San Diego) interviews his...

HorseCents – An Intro to Equine Subro Claims [Subrogation & Recovery Law Blog]

March 14, 2023

Subrogation involving horses? Yes, this is a real thing. In this episode, regular co-hosts, David Brisco (San Diego) and Joe Rich (Miami), are joined by their partner, Suzanne Radcliff (Dallas), who provides an overview of this niche area of subrogation to listeners. In addition to some bad horse...

Explosive Subro: The Unique Challenges of Investigating Explosion Cases [Subrogation & Recovery Law Blog]

January 25, 2023

Do not let your subro claim blow up in your face! Subro professionals who have handled large explosion fires know firsthand that large explosion cases are complex, with significant hurdles to fully process. In this episode of Subro on the Go, regular co-hosts Joe Rich and David Brisco are joined...

Turkeys and Trees: Subro Holiday Stories [Subrogation & Recovery Law Blog]

November 21, 2022

Whether it is a turkey fryer that causes an unexpected cooking fire, or mishaps with trees and decorations that make the holidays literally go up in smoke, holiday related losses are common for subrogation professionals this time of year. So while it is the season to be joyful and hum along with...

California Wildfire Alert - Mill Fire and Fairview Fire [Alert]

September 07, 2022

Over the course of the weekend, California incurred a number of wildfires. Some were attributed to natural causes, however, the Mill Fire and Fairview Fire appear to have been caused by human activity and we are actively investigating both fires for recovery potential.

Wildfire Alert 2022 McKinney Fire, 2021 South Fire

August 25, 2022

Howard Maycon, Kevin Bush, and David Brisco provide an update on the subrogation potential from the 2022 McKinney Fire and the 2021 South Fire.

Time is Money: Understanding Statutes of Limitations and Statutes of Repose [Subrogation & Recovery Law Blog]

August 16, 2022

Time is money in the subrogation industry.  And knowing the timeframes of when you can pursue recovery claims is an important first step in evaluating your case, including determining the scope of your early investigation.  Whether you can or cannot bring a claim due to a pre-determined timeframe...

SubroSpeed Analytics Platform: Roads? Where We’re Going We Don’t Need Roads [Subrogation & Recovery Law Blog]

June 07, 2022

In the latest episode, co-hosts, David Brisco and Joe Rich, are joined by Dan D’Imperio, Co-Director of National Subrogation Services, to discuss the role of Predictive Analytics in the subrogation industry. Like in Back to the Future when Doc. Brown shows up at the end of the movie with a...

Two Years of Remote Litigation & Beyond [Subrogation & Recovery Law Blog]

April 06, 2022

It’s been two years since COVID-19 not only radically changed our daily lives but altered how recovery professionals approach litigating claims. Yes, two years have passed! In the first few months of the pandemic, courts, litigators and recovery professionals quickly adapted to use readily...

Tennessee Wildfires UPDATED [Alert]

April 05, 2022

Mark Opalisky, Suzanne Radcliff, and David Brisco discuss the Hatcher Mountain/Indigo Lane Fire, Millstone Gap/Seymour Fire, Cold Springs Fire, and Wears Valley Fire that swept through eastern Tennessee on March 30 and 31.

Eastland Complex Wildfires Alert

March 23, 2022

Suzanne Radcliff, Steve Halbeisen, and David Brisco discuss the Eastland Complex Wildfires affecting the 76448, 76454, 76435, 76471, 76470, 76470, 76448, 76444, and 76445 zip codes.

Federal v. State Court – Which is Best for Your Subro Case? [Subrogation & Recovery Law Blog]

February 10, 2022

Have you ever had a subro attorney tell you that you should file your case in state court versus federal court, or vice versa, and wondered, what’s the difference? Why would I want to be in one court versus another? In this episode of Cozen O’Connor’s Subro on the Go podcast, David Brisco is joined...

Ocean and Inland Marine Claims – An Introduction for the Subro Professional [Subrogation & Recovery Law Blog]

January 18, 2022

COGSA, Carmack, Allisons, and Himalaya Clause.  These terms may not mean much for a traditional property subrogation professional, but if you are going to diversify into the world of ocean marine and inland marine subro, then these are a few of the many terms you will need to become familiar with....

Telling Our Stories: The Importance of Photos and Videos in Subrogation [Subrogation & Recovery Law Blog]

October 21, 2021

Every subrogation case is, at its heart, a story about a loss event. As subrogation professionals, we endeavor to tell a story of the loss event and resulting damages in the most effective way possible, using photos and videos as our tools to explain liability and damages issues. Ultimately, we use...

Internet of Things and Subro Update – Where Are We Now? [Subrogation & Recovery Law Blog]

September 07, 2021

Smart smoke detectors, vehicle data on key fobs, and geofencing are just a few of the new internet of things technologies emerging today. Subrogation professionals need to be aware of this ever-growing industry, including what new sources of data it provides to the subro investigation and what new...

Notice Rules and Tort Caps in Claims Against Government Entities [Subrogation & Recovery Law Blog]

July 07, 2021

Government tort claims come in a variety of shapes and sizes – broken city water main floods, bridge collapses, dam failures, government vehicles crashing into your insured’s building, etc. And just as the types of losses vary, so do the requirements regarding both placing the government entity on...

Mailbag - Subro June 2021 [Subrogation & Recovery Law Blog]

June 18, 2021

Do you have a subro question that you are anxious to ask?  Then welcome to Subro Mailbag.  In this episode, Cozen O’Connor Subro on the Go hosts David Brisco and Joe Rich read and answer questions from our podcast listeners on a variety of subro topics. How do you describe subrogation to friends...

Events & Seminars

Past Events

NASP 2024 Annual Conference

October 27, 2024 - Phoenix, AZ

NASP 2023 Annual Conference

November 05, 2023 - Colorado Springs, CO

Spontaneous Combustion

April 20, 2023 - Webinar

Negotiating Subrogation Settlements

March 20, 2023 - Orlando, FL

NASP 2023 Spring Conference

February 16, 2023 - Amelia Island, FL

Subrogation Price is Right

July 13, 2022 - Webinar

Ethical Issues in Subrogation Claims 2022

April 05, 2022 - San Antonio, TX.

NASP 2021 Annual Conference

November 08, 2021 - Virtual Conference

Ethical Issues in Subrogation Claims

August 24, 2021 - Webinar

2020 PLRB Claims Conference & Insurance Services Expo

March 08, 2020 - National Harbor, MD

Industry Sectors

Education

  • Pepperdine University School of Law, J.D., cum laude, 2005
  • University of California, San Diego, B.A., 2002

Awards & Honors

San Diego Super Lawyers "Rising Star" 2015-2020

  • California
  • U.S. District Court -- Central District of California
  • U.S. District Court -- Eastern District of California
  • U.S. District Court -- Northern District of California
  • U.S. District Court -- Southern District of California
  • American Bar Association