Experience

Insurance Coverage Cases

• Coverage experience in all aspects of insurance coverage including first-party property policies, third-party liability policies, D&O insurance, construction, environmental claims and contribution claims between insurance carriers.
• Served as counsel for D&O carrier in insurance coverage litigation in Seattle involving excess D&O policy and claims arising out of the collapse of Penn Square Bank. National Union Fire Insurance Co. of Pittsburgh, PA. v. Seafirst Corporation, 662 F. Supp. 36 (W.D. Wash. 1986).
• Served as lead counsel for policyholder in multiple policy insurance coverage litigation growing out of contract #215 on WPPSS Plant No. 2 involving claims against policyholder’s own carriers and on owners first party policies. WPPSS 215 Litigation.
• Provides continuing representation as special counsel for King County and the University of Washington on insurance coverage matters.
• Served as lead counsel for target insurance company in large contract claim by surplus line broker. Dow v. Nationwide Mutual Insurance Co.
• Representation of policyholders in environmental cleanup matters before the Washington Supreme Court. Boeing v. Aetna, 113 Wn. 2d 869 (1990); Key Tronic v. Aetna (CIGNA) Fire Underwriters, 124 Wn.2d 618 (1994).
• Served as lead counsel in numerous class actions involving personal lines insurance coverage issues. Bjorkquist v. Farmers Insurance Company of Washington, 133 Wn.App. 1008, 2006 WL 1463540 (2006) (dismissal of class action contending UIM election agreement was void) (unpublished); Averill v. Farmers Insurance Company of Washington, 155 Wn.App. 106, 229 P.3d 830, rev. denied, 169 Wn.2d 1017 (2010) (dismissal of class action alleging failure to pay deductible violated the make whole rule); Scammell v. Farmers Insurance Company of Washington and Farmers Insurance Exchange, No. 01-2-13321-2 (Wash. Super. Ct.) (successful dismissal of class action on UIM coverage and judgment of dismissal of all claims following arbitration); Horner v. Farmers Insurance Company of Washington, 2011 Wash. App. LEXIS 76 (2011) (dismissal of class action alleging improper subrogation ) (unpublished); Panag v. Farmers Insurance Company of Washington, 166 Wn.2d 27, 204 P.3d 885 (2009) (standing to sue for activities of a collection agency) (class action settled with Farmers paying $0); Mansker v. Farmers Insurance Company of Washington, 2010 U.S. Dist. LEXIS 95690 (W.D. Wash. 2010) (coverage under UIM limited to physical injury; no coverage for stigma) (order of Jan. 11, 2011) (dismissal of nationwide class, dismissal of non-Washington parties and coverage ruling on UIM coverage.

Antitrust and Trade Regulation Cases

• Served as part of the FTC team that conducted a nationwide antitrust investigation of real estate brokers and multiple listing services. See 3 Trade Reg. Rep. (CCH) 10,169 (1978).
• Served as lead FTC lawyer on regional antitrust investigations and consent decrees, including Roofing Contractors Assn., [1979-1983 FTC Transfer Binder] Trade Reg. Rep. (CCH) 21,604; Inland Empire Roofing Contractors Assn., [1976-1979 FTC Transfer Binder] Trade Reg. Rep. (CCH) 21,542; International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, [1976-1979 FTC Transfer Binder] Trade Reg. Rep. (CCH) 21,442.
• Served as co-lead counsel for the FTC in its efforts involving Chrysler Corporation and Chrysler Credit Corporation regarding their nationwide repossession practices. Chrysler Corp. et al., [1976-1983 FTC Transfer Binder] Trade Reg. Rep. 21,769.
• Representation of defendant in defense of Sherman Act § 2 and Clayton Act § 7 in a case involving the business of nuclear waste removal, transportation, and disposal. Hittman Nuclear and Development Corporation v. Chem Nuclear Systems, Inc. See 1980 1 Trade Cases (CCH) 63,140.
• Representation of defendant in antitrust action involving the alleged monopolization of mobile cargo transportation and delivery systems.
• Representation of defendant in large antitrust case involving monopolization and conspiracy to restrain trade in the international wood chip business. See Daishowa International v. North Coast Export Company, 1982-2 Trade Cases (CCH) 64,774.
• Representation of numerous defendants in various matters involving alleged unfair business practices and acts brought by the FTC office in Seattle.
• Representation of defendant involved in alleged monopolization and conspiracy to restrain trade in a local telephone directory business.
• Representation of defendant in Washington State action related to national prescription drug antitrust litigation.
• Provides continuing trade regulation advice to numerous clients on product distribution and electronic commerce issues, mergers and pricing policies.

Securities Cases

• Served as lead counsel for target company in hostile tender offer case. Chem-Nuclear Systems, Inc. v. Waste Management, Inc., 1982 Trade Cas. (CCH) 64,680.
• Served as co-lead counsel for acquiring company in hostile tender offer case involving proxy solicitation and roll-up of numerous partnerships into a real estate investment trust.
• Served as co-lead counsel for defendants in securities fraud action arising out of the conversion of a mutual savings bank to a stock savings bank. Rembold v. Pacific First Federal, 798 F.2d 1307 (9th Cir. 1986).

Significant General Commercial Litigation

• Served as lead counsel for Fortune 500 company in Lanham Act claim for alleged false advertising and false marking of country of origin on imported products.
• Served as lead counsel for defendant in adversary proceeding involving equitable subordination of a $10 million loan.
• Served as lead counsel for defendant in Section 5 action by the FTC for alleged improper testing on storm windows.
• Representation of corporate party seeking restitution after criminal conviction of defendant.
• Served as lead counsel in several cases for institutional preferred stockholders in preferred stock redemption litigation.
• Representation of LBO lender and investor in multimillion-dollar fraudulent conveyance action by unsecured creditors committee. 1998 U.S. App. LEXIS 5481 (9th Cir. 1998)
• Served as lead counsel for large national insurance company in contract claim by surplus lines broker.
• Representation of large personal lines insurance company in stock redemption case.
• Representation of large manufacturer in printing industry as plaintiff in breach of contract litigation.
• Representation of HMO/health insurers in large claims involving Champus contracts, calculation of capitation payments, actuarial disputes, IPA failures, and health plan coverage.
• Representation of King County in Cedar Hills landfill class-action litigation.
• National coordinating counsel for drug distributor in nationwide fen-phen litigation.
• Successful representation of Energy Northwest through arbitration in connection with enforcement of option to purchase power, Energy Northwest v. Grays Harbor Energy, LLC (King County Superior Court 09-2-39834-8 SEA 2009) (judgment confirming arbitration award).

Honors & Activities

Professional Honors & Activities

• Listed in Washington Super Lawyers^® (Insurance Coverage, Business Litigation, Antitrust Litigation), 2003-2009, 2011–2019
• Member, Antitrust, Litigation, and Tort and Insurance Sections, American Bar Association
• Member, Litigation Section, Washington State Bar Association
• Member, King County Bar Association
• Member, Federal Bar Association (Western District of Washington)

Civic Activities

• Member, Swedish Hospital Institutional Review Board

Insights & Presentations

• “Understanding Significant Insurance Coverage Issues That Currently Arise in Natural Disasters,” Inside the Minds™ Recent Developments in Disaster Coverage Litigation, 2011
• “Pre-certification Discovery in Class Action Suits,” WSBA CLE on Successful Prosecution in Complex Business Disputes, 2006
• “Obtaining Restraining Orders and Injunctive Relief in Civil Litigation,” WSBA CLE on Making the Most Use of Motion Practice, 2006
• “Excess Insurance – When Does It Provide Defense and/or Indemnity for the Policyholder” (co-author), Lorman Educational Series, 1994
• “Making and Pursuing Insurance Claims” (co-author), Stoel Rives Business Toolbox Series, 1994
• “Applying Gruol’s Continuous Trigger to Hazardous Waste Liability: The Policyholder’s Perspective” (co-author), Gonzaga Law Review, 1992/1993
• “General Liability Insurance Coverage,” Seattle-King County Bar Association CLE, 1992
• “Ethical Motion Practice in the Ninth Circuit,” Lorman Educational Series, 1992
• “Hazardous Waste Insurance Issues,” CLE on Hazardous Waste in Oregon, 1988
• “Ethical Considerations for Motion Practice in the Ninth Circuit Court,” Federal Bar Association of the Western District of Washington CLE, 1988
• “Problems in the Dealer-Distributor and Franchise Relationships,” Mini-Trial of Distributor Termination Case, Washington State Bar Convention, 1988

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