Although the firm still maintains an active litigation practice, over the years additional practice areas have been expanded.

Insurance Law

Although the firm's insurance law practice was initially on behalf of insurance companies, over the years it has expanded to encompass representation of insureds as well, and has become the fastest growing area of our practice. Thus, we are often consulted in situations in which an insurer has refused to honor a claim or has failed to provide some other benefit under a policy, for example, defending the insured in a lawsuit brought by someone claiming injury or damage.

Insurance policies can be difficult to understand and the laws, which interpret them, are complex. It is therefore important for insured to understand that insurance company representatives can make mistakes and that a denial of coverage or benefits is not necessarily "the final answer."

In addition to handling such disputes involving property and liability insurance policies, we also handle cases concerned with coverage under individual and group life, health and disability policies.

Litigation and Appeals

After being admitted to the California State Bar in 1971, almost the entirety of Mr. Kremser's practice was initially devoted to civil litigation. In addition to being licensed to practice in all California State Courts, he is also licensed to practice in the Northern, Central and Eastern Districts of the United States District Court, the United States Court of Appeals for the Ninth Circuit (generally covering the Western United States, Alaska and Hawaii) and the United States Supreme Court.

Mr. Kremser has tried numerous cases before both judges and juries and has arbitrated many more. He is also a firm believer in mediation and other methods of alternative dispute resolution. On the appellate level, beginning in 1976 Mr. Kremser has had several published cases and he has continued to pursue that aspect of his practice in the ensuing years.

Business and Commercial Law

Kremser and Howard's litigation background allows us to assist clients by practicing "preventative law." Having handled lawsuits which arose when something went wrong between the parties, we have an excellent perspective for advising clients on how to avoid these situations.

Of course, not all disagreements can be prevented and perhaps no area of the law is as well suited to our philosophy of early and efficient dispute resolution as is this one. While disputes are inevitable in business, it is best to resolve them in a manner which, if it does not preserve the business relationship, as least brings it to a close in a way which does not leave lingering bitterness. Furthermore, in today's competitive environment, few companies can afford to spend the time or money required to engage in protracted litigation. Early resolution of disputes allows the client to get back to its own business, not the "business" of litigation.

Education Law

Since the firm was established, we have represented a number of school districts in a wide variety of situations, from employment contracts to injuries to persons and property. Mr. Kremser is also a member of The National School Boards Association Council of School Attorneys and the California Council of School Attorneys.

Real Estate Law/Construction Law

The firm's practice in this area focuses primarily on litigation in virtually all types of transactions including the purchase, sale and leasing of both residential and commercial real estate.

Closely interrelated with the firm's real estate practice is our construction law practice, since issues surrounding the construction of facilities often arise in connection with the purchase and sale of the underlying property.

Employment Law

The firm primarily represents employees in state court litigation although our services are available to employers with a need for our services in this unique and complex area of the law. We handle cases involving wrongful discharge, discrimination based on sex, race and disability, sexual harassment and other wrongful employment practices.

Professional Malpractice

In this practice area, Kremser and Howard emphasize defense of "non-medical" professionals accused of negligence or other wrongdoing, including accountants, architects, lawyers and real estate professionals. Although many times this representation is undertaken at the request of a malpractice insurer, limited coverage and high deductibles result in "direct" retention of our services as well.

In cases such as this, in which the client's expertise is one of the most valuable resources in defending against a claim of "malpractice", our "team approach," in which the client is an integral part of the litigation process, is particularly effective.

Product Liability

During his almost twenty years with Kremser and Howard and in the decade before, Mr. Kremser has handled litigation involving the design and manufacture of a large array of materials and products including motor vehicles, heavy equipment, plastics, pipe, food processing machinery and agricultural chemicals. Working closely with clients and qualified experts, the firm has been successful in achieving excellent results either by negotiated settlement or trial.

Personal Injury and Property Damage

The firm's personal injury practice began with representation of the insureds of various insurance carriers for whom we provided legal services. Although we continue to provide such representation, the insights and experience gained during these early years led to the realization that we could also provide a valuable service dealing with insurance companies on behalf of claimants who have sustained injuries to persons or property.

The firm also represents uninsured defendants and, because of relatively recent developments in California law, a new group of litigants---insureds whose insurers dispute their obligation to defend or provide coverage to those insureds when claims are made against them. Under certain circumstances such an insured is entitled to retain an attorney of his or her own choice, to be paid for by the insurer. Our expertise in both insurance law and personal injury law provides us with unique qualifications to fill that role.

Kremser and Howard
1525 State Street, Suite 205
Santa Barbara, California 93101-2500
T: 805-963-4264 F: 805-966-3756
E: pkremser@kremserandhoward.com