We represented a London-based Difference in Conditions (DIC) insurer and its national council in claims arising out of a catastrophic failure at a public utility district’s hydro-electric generation facility.  Our work included legal and trial advice with the coverage, damage and priority issues arising under both the DIC coverage and all-risk property insurance policies.  We helped shepherd the matter through declaratory judgment litigation in federal court in the Western District of Washington, a multi-week formal appraisal hearing and an appeal to the Ninth Circuit Court of Appeals.  We helped our clients achieve vindication on all of their coverage positions.

We represented a national industrial insurer that provided umbrella liability coverage to a local solvent processor found liable for Model Toxic Controls Act and other pollution claims.  Near the end of a long and complicated history of claims, remediation activity and other claims handling, the umbrella insurer suddenly found itself faced with competing claims to its diminishing limits of coverage, as well as allegations of extra-contractual liability from several of the competing insureds and purported insureds.  Immediately after we were engaged, we filed an interpleader and declaratory judgment action in federal court to resolve the competing claims to coverage and head off further allegations of wrongdoing.  We then were able to help the client resolve the remaining or potential claims against it through a comprehensive mediation ordered by the court in which the interpleader action had been filed.

We represented the liability insurer for a local construction company in a complex coverage matter involving a company truck.  An estimator for the construction company had been issued the truck not only to travel to various job sites but also for his daily commute.  When the estimator lent the truck to a friend for use outside work hours, the friend was involved in an accident with a four-year old pedestrian.  When the child’s family and the friend’s and estimator’s personal insurers sought coverage from the construction company and its liability insurer, we were engaged.  We were able to establish that, regardless of what permission might have been granted, the applicable policy provisions and law governing permissive users under a commercial vehicle owner’s insurance policy did not extend coverage to the friend.

We provided insurance coverage opinions to the insurer of a non-profit fruit packing cooperative on numerous claims under a directors and officers liability policy seeking reimbursements for investments and monies owed on fruit sales.  After a review of the policy, we sought a declaratory judgment ruling that there was no coverage for the claims.  After extensive briefing and argument on summary judgment, it was determined the millions of dollars of claims were not covered under the claims-made provisions of the directors and officer liability insurance policy.

We represented the general liability insurer of a well known manufacturer and seller of cleaning products.  When the manufacturer was sued for product liability and toxic exposure to certain chemical components of the cleaning products, we advised our client to defend under a reservation of rights and to bring a separate lawsuit for declaratory relief based on exclusions contained in the policy.  The trial court ruled there was no coverage under the policy, and the insurer avoided the further expenses of defending the underlying claim.

We represented the insurer of a pulp and paper mill in resolving environmental insurance coverage claims for clean-up costs associated with the contamination of a river with mercury.  After finding records showing the insured’s knowledge of years of continuous unexplained losses of the contaminant into the waste discharge system, we advised our insurance client to tender back the premiums it had received for its excess insurance policy and to seek to rescind all coverage based upon fraud or misrepresentation at the outset of the policy.  We then managed to negotiate a settlement of the claims on terms very favorable to our insurance client.