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Overview

Brad is a commercial litigator with 25 years of experience representing insurance policyholders in a wide variety of disputes with their insurance companies.

Although Brad is an experienced litigator, his goal is to solve the particular problem facing his client in the least burdensome and distracting manner possible, and pursue litigation only when it is actually needed to solve the client’s problem. 

Brad has substantial experience litigating and negotiating the resolution of disputes arising under “third-party” policies such as general liability, employment practices liability, pollution liability, directors & officers liability, and errors & omissions/professional liability policies, and under “first-party” policies such as commercial property, condominium, apartment, homeowners, business interruption, and employee dishonesty/theft policies. Brad also uses his experience handling insurance disputes to counsel his clients regarding risk management matters. 

Professional Activities

  • American Bar Association, Litigation Section, Member
  • King County Bar Association, Member
  • Washington State Bar Association, Litigation Section, Member

Community Activities

  • 101 Club (Washington Athletic Club), Member
  • Alliance for Education
    • Board of Directors, Member, 2008-present
    • Past Chair
  • Seattle Sports Commission
    • Board of Commissioners, Member

Experience

Experience

Representative Work: First-Party Coverage Matters

Assisted owner of food processing facility in recovering, under commercial property policy, a mid-eight figure sum for repair of fire damage to processing facility and business losses resulting from that damage.

Represented condominium owners association in recovering, under condominium policy and separate apartment policy, total of nearly $3 million for structural rot damage to multi-building condominium complex that had been converted from apartments.

Represented owners of multi-building apartment complex in recovering, under apartment policy, more than $2.5 million for repair of structural rot damage and rental income loss resulting from that damage.

Represented agricultural product broker in recovering full coverage, under stock throughput policy, for damage to products while in cold storage, as well as attorney fees incurred in responding to insurer’s initial denial.

Represented motel owner in recovering, under commercial property policy, nearly $2 million for repair of water damage resulting from hurricane and business income loss resulting from that damage.

Represent homeowners in obtaining full coverage for cost of asbestos remediation undertaken as part of fire damage repairs to residence, as well as attorney fees incurred in responding to insurer’s initial denial.

Representative Work: Liability Coverage Matters

Successfully litigated (summary judgment granted) dispute over existence of coverage for class action lawsuit brought under Telephone Consumer Protection Act of 1991 (the “TCPA”) under client’s general liability policy.

Successfully litigated (summary judgment granted) dispute over existence of coverage for lawsuit seeking unpaid compensation, double damages, and attorney fees under Washington’s Wage Rebate Act (Chapter 49.52 RCW).

Represented owner of contaminated property in successfully challenging general liability insurer’s seven year-long denial of coverage for remediation costs.

Represented subcontractor in obtaining general liability coverage for six-figure costs of removing and replacing work that failed to comply with building specifications.

Represented retail chain in obtaining coverage for range of third-party claims, as additional insured under general liability policies issued to vendors of products and services sold by chain.

Represented client in obtaining, under general and errors and omissions liability policies, a mid-seven figure sum in funding for settlement of class action lawsuit brought under Telephone Consumer Protection Act of 1991 (the “TCPA”).

Represented industrial construction equipment lessor in establishing lessee’s right to coverage (and thus funding of mid-six figure settlement with client) under lessee’s general liability insurance, for claim of conversion or actual loss of (inability to locate) equipment while in lessee’s possession.

Represented material supplier in obtaining funding for six-figure settlement of third-party claim alleging damage to high-end residence resulting from defects in those materials.

Represented commercial property owner in recovering mid-six figure settlement for cost of defending against tenant claim alleging constructive eviction due to property defects, despite fact that claim was not tendered until I was retained after conclusion of trial against commercial property owner.

News & Insights

News & Insights

Presentations

"Cyber Risk Insurance," Foster Pepper 2018 Insurance Coverage Legal Update, June 2018

"Cyber Risk Insurance," Foster Pepper 2017 Insurance Coverage Legal Update, June 2017

"Cyber Risk Coverage," Association of Corporate Counsel CLE, October 2016

"Additional Insured Tender Issues & Strategies," Defense Counsel Conference, August 2016

"Protecting Against Risk," Bidding Public Works and Construction Contracts, The Seminar Group, May 2016

"16th Annual Labor & Employment Law," August 2013

"9th Annual Construction Defects: Updated Strategies," The Seminar Group, December 2012

"Insurance and Indemnities," October 2012

"Bad Faith Insurance Claims in Washington," December 2011

"Insurance Law Primer: Understanding the Essential Components," December 2010

"2010 Foster Pepper Bankers Briefing," May 2010

"3rd Annual Sports Law & Business Seminar," April 2010

"Insurance Law: Current Topics and Strategies," March 2010

"Insurance in the Construction Industry," The Seminar Group, October 2009

"Insurance Coverage Litigation," National Business Institute, June 2009

"2009 Foster Pepper Bankers Briefing," May 2009

"The Liability of the Corporate Executive," The Seminar Group, May 2009

"Insurance Coverage Litigation," National Business Institute, August 2008

"Insurance Law from A to Z," National Business Institute, February 2008

"Insurance Coverage Litigation," National Business Institute, September 2007

"Insurance for Public Attorneys," Seattle City Attorney's Office, June 2006

"Insurance Coverage Breakfast Seminar," Foster Pepper, October 2005

"Residential Redevelopment of Contaminated Property," Law Seminars International, March 2005

"Earthquake and Insurance Coverage: What You Need to Know," Speaker, Foster Pepper, April 2001

Publications

"Triggering the Insurer's Duty to Defend For MTCA Claims: Gull Industries, Inc. v. State Farm Fire & Casualty Company," Washington State Bar Association Environmental & Land Use Law Section Newsletter, Volume 41 Number 1, February 2015

Admissions

  • Washington, 1994
  • U.S. District Court, Eastern District of Washington, 2006
  • U.S. District Court, Western District of Washington, 1995
  • U.S. Court of Appeals for the 9th Circuit, 1997

Education

  • J.D., Georgetown University Law Center (cum laude), 1994
    • The Tax Lawyer, Staff Member, 1992-1994
  • B.A., University of Washington, Accounting (cum laude), 1991
    • Phi Beta Kappa
    • Beta Gamma Sigma (Business Honor Society)

Clerkships

  • King County Superior Court, the Hon. Dale B. Ramerman, Law Clerk, 1992

Honors & Recognition

  • Washington Super Lawyers list,  2011-2019
  • Rising Star, Washington Super Lawyers list, 2000-2004
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