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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

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.

News & Insights

News & Insights

Presentations

  • “Practical Insurance Tips for Common Real Estate Disputes,” Foster Pepper 2017 Real Estate/Land Use Briefing: Essential Industry Updates, November 2017
  • “Case Law and Regulatory Update: Washington,” Insurance in the Construction Industry, The Seminar Group, October 2017
  • “Insurance for Environmental Liability,” Foster Pepper 2017 Insurance Coverage Legal Update, June 2017
  • “Who Pays For One And Two? Insurances Strategies - OCIP, GL, PL, E&O and Property,” New Era of Condominium Development and Legal Trends, May 2015
  • “Gain A New Perspective of Pre-Trial Practice,” Bad Faith Insurance Claims in Washington, December 2012
  • “Insurance Coverage and Claims for Public Works,” Public Works Contracting: Success Strategies in Interesting Times, October
  • “Insurance and Indemnities,” Top 10 Commercial Lease Provisions, October 2012
  • “Got Capital Bank Case Study - Safety and Soundness Risk Management,” 2010 Bankers Briefing, May 2010
  • “Insurance Products and Issues,” Condominiums, Townhouses & Apartments: The New Wave of Construction, July 2009
  • “Mastering Disaster – Dealing With Problem Credits,” March 2008
  • “Special Insurance Issues in Condo Workouts,” 2008 Spring Bankers Briefing, May 2008
  • “Pacific Northwest Coverage & Current Trends,” 14th Annual West Region Construction Defect and Construction Law Conference, October 2008

Admissions

  • Washington
  • Oregon
  • U.S. District Court, District of Guam
  • U.S. District Court, Western District of Washington
  • U.S. Court of Appeals for the 9th Circuit

Education

  • J.D., University of Washington School of Law
  • B.A., University of North Carolina

Honors & Recognition

  • Access to Justice Institute
    • "Public Service" Award, 2006
    • "Leadership and Service" Award, 2004
  • Washington State Bar Association Pro Bono Service Commendation, 2003, 2005
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