Attorney Profiles

Mr. Willoughby has been engaged in the active practice of law in California for 37 years. The focus of his practice is litigation involving Business, Insurance, Real Estate, Construction, Agra-Business, and Professional Liability disputes. He has handled, and continues to handle, litigation in these practice areas in state and federal courts throughout the state of California. In addition, Mr. Willoughby has an active private mediation and arbitration practice. He also serves as mediator, ENE evaluator, and arbitrator by appointment for the Santa Clara County Superior Court, and the US District Court for the Northern District of California.

Mr. Willoughby was born in San Jose, California in 1943. He received his BS degree in Business Administration from San Jose State University in 1964. He received his Juris Doctor degree from Hastings College of Law in 1968. He met his wife Jan to whom he has been married for 41 years at San Jose State. He and Jan have two children, and one grandson. Their son Jason, age 36, is a teacher turned educational consultant. Their daughter Allyson Wyles, age 32, is public relations consultant who is currently taking a leave to raise, with husband Jim, the pride of the family, grandson, Max, age 2.

Upon graduation from law school, Mr. Willoughby took an associate position with the law firm of Hoge, Fenton, Jones & Appel. He became a partner in the firm in 1974. The initial focus of his practice at Hoge Fenton was the defense of products liability cases. He successfully defended manufacturers, distributors, and retail sellers of many products including tires, ladders, football helmets. In the late 70's, the focus of Mr. Willoughby's practice shifted to the defense, and occasional prosecution, of insurance bad faith litigation. By the early 80's the volume to insurance coverage and bad faith litigation in California had increased to a point where the Hoge Fenton firm established a practice group, headed by Mr. Willoughby, which specialized in the handling of insurance coverage and bad faith litigation, as well the evaluation of non-litigation insurance coverage issues for both insurers and insureds.

In 1991, Mr. Willoughby left Hoge Fenton with his current partners, Alex Stuart and Brad Bening to form Willoughby, Stuart & Bening. Although the initial focus of the new firm remained insurance coverage and bad faith litigation, the scope of the firm's practice has expanded to encompass various types business litigation and transactional legal services. Mr. Willoughby's practice has likewise evolved. Although he continues to handle insurance coverage and bad faith litigation on behalf of both insurers and insureds, he also handles real estate, construction, agra-business, employment, and professional liability disputes in both a litigation and non-litigation setting. In fact, Mr. Willoughby and his partner, Ellyn Nesbitt recently obtained a multi-million dollar judgment for a walnut rancher due to the mis-delivery of walnut trees, and grafting stock. Mr Willoughby also recently guided a local real estate developer and commercial property manager in the negotiations leading to a multi-million dollar settlement for the client of a disputed incentive management fee in a commercial property management agreement.

Mr. Willoughby has been a member of the San Francisco Chapter of the American Board of Trial Advocates since 1985. He is also a Fellow in the International Academy of Trial Lawyers which includes trial attorneys from 30 countries throughout the world. Active Academy membership is limited to 500 Fellows from the United States. He has also been a member of the International Association of Insurance Counsel for over 20 years.

Mr. Willoughby's interests outside the practice of law are many and varied. In addition to his family, Mr. Willoughby is an avid fly fisherman, golf enthusiast, and skier. He also enjoys the theater, and is an avid San Jose Sharks fan. He is also actively engaged in volunteer charitable activities. Currently, he is president-elect of the board of directors of Hospice of the Valley.