Thomas E. Fraysse

Thomas E. Fraysse has a broad-based trial practice emphasizing the prosecution and defense of high exposure and complex cases in the areas of fraud, unfair business practices, catastrophic personal injury and wrongful death, disability insurance bad faith, business litigation, landlord/tenant and toxic torts, including asbestos and silica. He brings considerable trial experience to his practice including handling more than two thousand litigation matters over the past twenty-four years, participating in approximately one hundred trials and successfully trying in excess of thirty jury trials to verdict.

Mr. Fraysse represents clients in fraud, unfair business practices and qui tam actions against doctors, chiropractors, lawyers, corporate officers and directors, automotive repair operators and other individuals and entities engaging in unfair or fraudulent practices. He assists in the training of insurance company personnel on fraud-related issues and Special Investigation Unit regulation, and has lectured on fraud litigation at various industry meetings, including the Association of Defense Counsel of Northern California and Nevada, the California District Attorneys Association, and the Northern California Fraud Investigators Association, among others.

Throughout the course of his career, Mr. Fraysse has defended countless personal injury and wrongful death claims and actions, including matters involving exposure to asbestos or silica products, product liability, automobile negligence, and premises liability. His work includes representing a number of self-insured entities, including Fortune 500 companies.

Mr. Fraysse also handles actions and claims on behalf of disabled persons against disability insurance carriers for breach of contract, breach of the covenant of good faith and fair dealing, fraud and punitive damages. In 1993, he and another Knox Ricksen LLP partner obtained a $9 million punitive damage verdict against The Equitable Life Insurance Society of the United States in Los Angeles County Superior Court (Turner v. The Equitable Life Assurance Society of the United States) on behalf of a totally disabled letter carrier and subsequently handled numerous actions and claims against disability insurance carriers, including UnumProvident Corporation, on behalf of disabled persons, securing multiple million dollar plus settlements.

Mr. Fraysse’s work has earned him the highest rating (“AV”) from Martindale Hubbell and recognition as a “Northern California Super Lawyer” by San Francisco Magazine. He is a Past President and Life Member of the Northern California Fraud Investigators Association.

Education

  • J.D. University of the Pacific, McGeorge School of Law (1982)
  • B.A. University of California, Berkeley (1978)

Admitted to Practice

  • State Bar of California (1982)
  • U.S. District Court, Northern and Central Districts of California (1982)

Honors & Awards

  • “AV” rating with Martindale Hubbell
  • “Northern California Super Lawyer” San Francisco Magazine (2005, 2006, 2007 and 2008)

Professional Activities

  • President, Northern California Fraud Investigators Association (2004- 2005), Member of the Board of Directors (2002-2004, 2005-2006), Life Member (2005)
  • Member, Alameda County Bar Association (1983 to present)
  • Member, Contra Costa County Bar Association (2000 to present)
  • Member, Association of Defense Counsel of Northern California and   Nevada (1984 to present)
  • Member, Defense Research Institute (DRI) (2000 to present)

Publications and Speeches

  • Instructor, "Interview Techniques, Examinations Under Oath and Depositions:  How to Get to the Truth and Prepare a Case" with Christina Smith and Eric Winkler of the California Department of Insurance; at the California District Attorneys Association Insurance Fraud SIU Multi-Agency Conference North, Pleasanton, California (January 2008) and the California District Attorneys Association Insurance Fraud SIU Multi-Agency Conference South, Riverside, California (February 2008)
  • Panelist, “Status of California Silica Litigation” California Silica Litigation 2006: For The Defense, Toxic Tort Committee of the Association of Defense Counsel of Northern California and Nevada, Westin St. Francis, San Francisco, California (February 2006)
  • Speaker, “Overview of Silica Litigation” California Silica Litigation 2006: For The Defense, Toxic Tort Committee of the Association of Defense Counsel of Northern California and Nevada, Westin St. Francis, San Francisco, California (February 2006)
  • Speaker, “Accident Investigation – Practical Suggestions for Safety Personnel Investigating Construction Zone Accidents” for a client at the Embassy Suites Hotel, Monterey, California (January 2005)
  • Speaker, “Silica Litigation” for a client at the Embassy Suites Hotel, Monterey, California (January 2005)
  • Speaker, “Use of the California Qui Tam Statute, the Unfair Competition Act, and Common Law Fraud in Fighting Auto Insurance Fraud in California” for a client at the Hyatt Regency Monterey, Monterey, California (December 2005)
  • Speaker, “Essentials of Best Practices – A Collaborative and Tactical Strategy for Combating Fraud – The Role of SIU Counsel” with Craig Pusser and James Durkee of California State Automobile Association Inter-Insurance Bureau; John Standish, Bureau Chief, and Moses Gomez, Division Chief of the California Department of Insurance; and Eric von Geldern and George Wood of the Alameda County District Attorney’s Office; at the California District Attorneys Association Insurance Fraud SIU Multi-Agency Conference, San Diego, California (November 2004); California District Attorneys Association Insurance Fraud SIU Multi-Agency Conference, Berkeley, California (March 2005); the Northern California Fraud Investigators Association 16th Annual Training Conference, Monterey, California (March 2005); the Sacramento Claims Association Luncheon, Rancho Cordova, California (May 2005) and the Claims Conference of Northern California Annual Meeting, Oakland, California (September 2005)
  • Speaker, “Silica Litigation Update” 2005 Annual E&C Risk Management Group Conference, Gleneden Beach, Oregon (June 2005)
  • Speaker, “Unfair Business Practice or Unfair Claim? Fraud in Motion” Wheels, Water & Vertical Carriers – Merging Themes in California Transportation Law, Association of Defense Counsel of Northern California and Nevada, Sacramento, California (May 2004)

 
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