Jay is an experienced commercial litigator with trial court and appellate court experience directing and managing complex commercial disputes, municipal government disputes and insurance coverage disputes.
As chair of Foster Garvey’s Insurance Coverage practice, Jay represents policyholders in insurance coverage disputes concerning commercial general liability policies, professional liability policies, title policies and first-party property policies. He represents his clients at all stages of litigation, from summary judgment proceedings to appeals to the 9th Circuit Court of Appeals and Washington appellate courts.
- American Bar Association, Member
- Federal Bar Association, Member
- Illinois State Bar Association, Member
- King County Bar Association, Member
- Washington State Bar Association, Member
- Wisconsin State Bar Association, Member
- Bailey-Boushay House, Board Member, 2010-2012
- Successfully settled mobile advertising fraud and breach of contract claims for ride-share company.
- Obtained favorable judgment for former owner of the Tacoma Kraft Mill in post-closing property tax allocation dispute.
- Resolved copyright infringement claims against music-streaming company.
- Obtained insurer bad faith jury verdicts for commercial real estate owner.
- Defended Spokane County’s solid waste ordinance against eight constitutional challenges.
- Invalidated the Income Tax Initiative for the City of Olympia.
- Successfully settled class action lawsuit against credit union alleging improper overdraft fee practices.
- Prosecuted Insurance Fair Conduct Act claims on behalf of general contractor.
- Negotiated insurance coverage for individual homeowner after insurer denied coverage in bad faith.
- Awarded summary judgment establishing homeowner’s entitlement to insurance coverage for significant water damage after insurer asserted more than eight different reasons for denying coverage in serial fashion over a two-year period.
- Effectively had opposing counsel disqualified from serving as trial counsel in bad faith lawsuit stemming from opposing counsel's wrongful investigation, evaluation, and handling of client's insurance claim.
- Successfully procured insurance coverage for copyright infringement claims after insurer wrongfully refused to defend client.
- Obtained jury verdict against insurer for bad faith and Insurance Fair Conduct Act violations.
- Obtained Insurance Fair Conduct Act, bad faith and estoppel rulings in Federal Court against subcontractor’s insurer for refusing to defend general contractor as an additional insured.
- Recovered more than $2,500,000 for general contractor as additional insured under policies issued to subcontractors.
- Recovered policy limits, bad faith damages and all attorneys’ fees from title insurer for property defects on clients’ property.
- Successfully obtained employee embezzlement / fraud coverage for two local non-profits.
- Successfully defended non-profit against public accommodations discrimination claims.
- Regularly advises and litigates insurance, contractual, and employment disputes on behalf of non-profit transportation brokers.
News & Insights
- EventSeattle, WA, 11.12.19
- EventSeattle, WA, 6.7.18
- EventSeattle, WA, 6.8.17
- Speaking EngagementSeattle, WA, 5.4.16
- Speaking EngagementSeattle, WA, 4.29.16
- Speaking EngagementSeattle, WA, 3.23.16
- "Ongoing Bad Faith and When Defense Counsel Acts as Adjuster," WSAJ's 38th Annual Insurance Law SeminarSpeaking EngagementSeattle, WA, 1.22.16
- Washington, 2008
- Illinois, 2003
- U.S. District Court, Eastern District of Washington, 2012
- U.S. District Court, Northern District of Illinois, 2004
- U.S. District Court, Western District of Washington, 2009
- U.S. Court of Appeals for the 9th Circuit, 2011
- J.D., University of Wisconsin Law School
- B.M., Northwestern University
- Université Paris-Sorbonne, L'Ecole Normale de Musique