Jack Zahner

Overview

Jack concentrates his practice on insurance coverage from the policyholder’s perspective.

Jack has successfully resolved significant insurance disputes including large first-party property losses, as well as third-party liabilities and lawsuits stemming from environmental contamination, consumer class actions, intellectual property and construction defect claims. Jack has also handled a wide array of commercial disputes through summary judgment, trial and appeal.

Professional Activities

• King County Bar Association
• King County Housing Justice Project, Volunteer Attorney, 2010
• Pro Bono Committee
  • Foster Garvey, 2019-present
  • Foster Pepper, 2002-2019
• Washington State Bar Association, Litigation Section, Member

Experience

First-Party Property Damage and Business Interruption Losses (Earthquake, Fire And Water Damage)

• Obtained $14.6 million for regional developer from primary and excess property insurers in litigation over water intrusion and business interruption losses. California law governed the dispute.
• Commonwealth Insurance Company v. Grays Harbor County, 120 Wn.App. 232. Involving coverage for code upgrades and earthquake damage to county courthouse.
• Bedford LLC adv. Agricultural Insurance Company. Obtained $3.5 million from property insurer for collapse (structural decay) and business interruption claims.
• Ellis Court v. State Farm and Ellis Court v. Greenwich Insurance Company.
  Obtained judgments and settlements totaling $2.25 million from property insurers for collapse (structural decay).
• Daniels Cleaners adv. The Hartford. Obtained $1.5 million for fire and business interruption claims for loss of dry cleaning plant. 

Liability Insurance Coverage for Businesses

• Counsel to beverage manufacturer related to liability coverage for Lanham Act, trademark and trade dress claims.
• Counsel for financial institution in litigation against Directors & Officers insurer over coverage for underlying $150 million consumer class action lawsuit in California. Secured D & O policy limits to fund settlement of underlying class action.
• Coverage counsel for estates in environmental cleanup of former dry-cleaning supply site contaminated with perchloroethylene (PCE). Secured over $6 million in primary and excess/umbrella coverage to fund cleanup. Site is being cleaned up through electrical resistance heating (ERH).
• Coverage counsel for former dry-cleaning operator in environmental cleanup. Site slated for clean up through electrical resistance heating.
• Acted as coverage counsel and defense counsel for the redeveloper of a complex contaminated site in Bellevue, Washington involving petroleum and other contamination. Secured satisfactory insurance-funded settlement from predecessor operator’s pre-1986 CGL insurer.
• Represented a housing authority in a complex liability case related to the redevelopment of a project in Seattle and secured an insurance-funded settlement of all claims.
• Pinnacle v. General Security Insurance Company. Litigation against excess/umbrella liability insurer in actions in Missouri and Washington trial and appellate courts concerning coverage for wrongful death punitive damages judgment, choice of law, conflicts of law, and res judicata.
• Defense and coverage counsel for Mercer Island residents sued after a landslide. Resolved lawsuit against residents and prosecuted third-party claims against engineer, developer and contractor for leaking underground stormwater detention tank.
• Coverage and settlement issues for certain directors and officers.
• Coverage for intellectual property / trademark claims for restaurant.
• Coverage for copyright claims for engineering company.
• Counsel for financial institution in litigation against London Market Errors & Omissions insurer for coverage related to consumer class action.
• Coverage counsel for former dry cleaner for environmental cleanup of chlorinated solvents (PCE).
• Coverage counsel for assisted living facility defendant in Nevada wrongful death and punitive damages litigation.
• Coverage counsel for policyholder/defendant in wrongful death and closed head injury litigation arising out of boating accident.
• Coverage counsel for policyholder/defendant in wrongful death action.
• Coverage counsel for property owner who cleaned up abandoned, leaking underground storage tanks from predecessor’s former gas station. 

Liability Insurance Coverage for Construction Defects

• Coverage counsel for over a dozen developers and developer/general contractors for lawsuits brought by Condo Associations.
  • Bay Colony
  • Poulsbo Place
  • Cypress Way
  • Black Hawk
  • Palisades Park
  • Wild Horse
  • Savannah Oaks
  • Cedar Park
  • Arbor Ridge
  • Thea’s Landing
  • Barclay Court
  • Magnolia / Bellagio
  • Yehle Park
  • Atwater Park
  • Crofton
  • The Falls

Commercial Litigation

• Trail Walk LLC v. CREI (Clearwater Real Estate Investments). On summary judgment filed 18 days after commencing the lawsuit, obtained declaratory judgment for Trail Walk terminating $3.2 million second deed of trust in adversary action within a bankruptcy. The case involved the interpretation of a “Last-Out” Participation Agreement in the underlying loan.
• Sound Transit adv. Pine Street Stakeholders. Obtained expedited appellate review and reversal of Hearing Examiner decision interpreting Seattle Noise Ordinance. Reversal allowed Sound Transit to resume night-time construction of Pine Street substation.
• Obtained summary judgment for full reimbursement and prejudgment interest for infrastructure developer in action against later-in-time residential developer concerning sewer reimbursement contract.
• Represented property owner in action against adjoining property owner for landslide.
• Cleared $970,000 lien from title for property owner in action against escrow agent.
• Obtained summary judgment on behalf of advertising agency in breach of contract litigation.
• Obtained summary judgment and fees on behalf of secured lender in litigation against mortgage brokerage for breach of contract due to broker’s involvement in fraudulent pump and dump scheme.
• Represented advertising agency in contract dispute with client who preemptively terminated contract.
• Represented purchaser of undeveloped commercial real property in bench trial of rescission claim against seller. Trial judge awarded rescission with full refund of purchase price and prejudgment interest to purchaser.
• Cabot v. Kobayashi, 1996 WL 879469 (D. Guam) obtained summary judgment dismissal and Rule 11 sanctions against plaintiff real estate broker/attorney in commission dispute. Affirmed on appeal with award of double attorneys’ fees and costs.

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