We successfully defended an insurance company against several claims brought for failing to defend and indemnify its insured. The claims were brought under Washington law, which provides harsh consequences for wrongful denials of coverage and the insurer faced exposure that could have reached seven figures. The court dismissed the claims on summary judgment, holding that the policy clearly excluded coverage for the underlying claims and rejecting the insured’s contention that the policy would be illusory if it did not provide coverage.
We successfully defended a leading North American retailer in a premises liability lawsuit. Plaintiff sought hundreds of thousands of dollars in damages for spine surgery and other complications allegedly resulting from an incident on the premises of the retailer. We obtained summary judgment on the basis that plaintiff could not prove the retailer was negligent under Oregon law. As a result, the retailer had no liability and was awarded costs against plaintiff.
We successfully defended an insurance company against claims it had an obligation to defend and indemnify its insured against claims of trademark and trade dress infringement. That case is currently on appeal to the US Court of Appeals for the Ninth Circuit.
We represented a grocery store owner in a case involving an elderly customer who was injured after she tripped and fell on the corner of a watermelon pallet. The case was dismissed on summary judgment, with the Judge agreeing the pallet as used in the display did not present an unreasonably dangerous condition.
We were retained to defend an insurer after a jury awarded over $17,000,000 in punitive damages against it, finding that the insurer had acted in bad faith in failing to settle the claims against its insured within policy limits. After post-verdict motions, the court reduced the punitive damages award to $2,679,443.80.