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Michelle A. Menely

Partner
mmenely@gth-law.com
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Phone: 206.676.7532
 Fax: 206.676.7575

One Union Square
600 University, Suite 2100
Seattle, Washington 98101

Primary Areas of Practice

Tort and Personal Injury Defense Litigation; Property Loss Claims; Commercial Litigation; Insurance Coverage Opinions and Insurance Coverage Litigation; Professional Liability; Appellate Practice.

Education

J.D., Seattle University School of Law, 1998
magna cum laude

B.A., Social Ecology (Criminology, Law & Society), University of California, Irvine, 1995

Jurisdictions Admitted to Practice

Washington State Courts
California State Courts
United States District Court, Western District of Washington
United States District Court, Eastern District of Washington
United States Court of Appeals, Ninth Circuit

Professional & Bar Association Memberships

Washington State Bar Association

American Bar Association

California State Bar Association

King County Bar Association

Tacoma-Pierce County Bar Association

Washington Defense Trial Lawyers Association

  • Editor "Defense News," 2001 – 2004;
  • Member, Board of Trustees, 2003 – 2007;
  • Officer, Board of Trustees, 2004-2007

Professional History

  • Joined Firm in 1998

Recent Representative Cases

Representative Insurance Coverage/Bad Faith Cases: 
  • Represented an insurance company being sued in King County Superior Court for coverage/bad faith under a commercial general liability policy.  Amount of underlying claim at issue was potentially in excess of $10 million.  The case involved myriad issues including the corporate insured/plaintiff's utilization of a corporate "shell game" to avoid liability while simultaneously utilizing the same "shell game" to obtain insurance coverage for any potential liability.  Extensive motion practice including Motions on Choice of Law and Forum Non Conveniens issues, resulting in the Court dismissing the case and transferring the case to a more favorable jurisdiction for insurers.  Successfully mediated and settled claim during insured's appeal of Motion to Dismiss.
  • Defended an insurance company against a claim of bad faith relating to the insurer’s interpretation of its PIP coverage provision and whether its interpretation or the clause itself should be invalidated under public policy.  Successful motion for summary judgment on carrier's behalf was upheld on appeal.
  • Participated in defense of claim where plaintiff/insured alleged physical injuries and property damage as a result of an automobile accident.  After insurer denied coverage based on theory that plaintiff made material misrepresentations in submitting claim, plaintiff filed action seeking damages for, among other things, bad faith and violation of Washington's Consumer Protection Act.  After extensive deposition and motion practice successfully moved for summary judgment of dismissal of plaintiff's claim.

Representative Defense Cases:
  • Defense of UIM Claim:  Insured sued carrier under policy UIM provisions alleging personal injuries sustained in two separate automobile accidents.  After incurring over $95,000 in medical expenses, insured sought more than $500,000 in general damages.  Policy limits available for claim were $50,000.  After extensive discovery, case settled within policy limits.
  • Defense of Personal Injury Claim:  Personal injuries alleged as a result of disputed liability intersection accident.  Defense verdict obtained after arbitration.
  • Defense of Personal Injury Claim:  Elderly plaintiffs (husband and wife) alleged injuries as a result of rear-end accident.  Liability was admitted; however, Plaintiffs' alleged that despite the minimal nature of the impact, the accident exacerbated numerous pre-existing conditions leaving each of them with injuries far more severe than would otherwise be anticipated.  After extensive discovery the matter proceeding to binding arbitration.  Plaintiffs sought total damages in excess of $500,000.  After arbitration plaintiffs received total damages award of less than $36,000.
  • Defense of Personal Injury Claim:  Plaintiff was killed when a tire on his vehicle failed on the freeway causing his vehicle to roll.  Plaintiff alleged that defendant tire retailer was liable because it was a tire seller who should have warned plaintiff not to use the tires on his vehicle.  However, defendant's only involvement was to align the vehicle after another seller sold and installed the tires on the vehicle.  Participated in preparing and obtaining motion for summary judgment based on lack of duty.  The dismissal of the claim was upheld by the Court of Appeals and Washington Supreme Court.
  • Defense of Product Liability Claims:  Involved in two cases litigating whether manufacturer of portable baby crib was liable for defective design of crib.  After extensive discovery, settled each case within policy limits available.

Honors, Publications & Presentations

  • Washington's Duty to Defend (Co-Author /Co-Presenter);
    Washington Defense Trial Lawyers Insurance Law Seminar;
  • Validity of Stipulated Judgments/Covenants Not to Execute
    (Co-Author), FDCC