In selecting an attorney, don’t just look for a list of cases. Instead, look for patterns. Jed has a consistent record of winning jury award amounts that exceeded what the insurance companies were willing to pay during settlement discussions — in every single case he has tried.
Stewart v. Martin—settled 2022 (Pierce County Superior Court). Plaintiff was injured in a rear-end collision. We made a policy limits demand ($100,000). Defense insurance offered $13,000. Just prior to trial, defense offered the $100,000 limits. The offer was rejected and, with the defendant exposed to excess of limits liability, the case settled shortly thereafter for $200,000.
Bad faith case against anonymous title insurance company—settled 2022 (Kitsap County Superior Court). Plaintiff was sued by neighbor while constructing an access road onto their property to start building their home. There was an access easement confirmed by the title insurance company. Plaintiff tendered the defense to the title insurance company. Title insurance company denied the claim and refused to provide a defense. Plaintiff ultimately prevailed against the neighbor at trial, but they were financially wiped out by the defense costs. The neighbor appealed the trial court decision and Plaintiff tendered defense of the appeal to the title insurance company. Title insurance company again denied the claim and refused to provide a defense. We sued the title insurance company for bad faith, IFCA, CPA and breach of contract. The court granted summary judgment on all claims and trebled the damages that had been incurred and proven at that point in time. The only issue that remained for trial was the claim for emotional distress and aggravation caused by the title insurance company’s bad faith. Based on the findings and conclusions that were entered by the trial court, the defense knew that whatever emotional distress damages were ultimately awarded by the jury, the trial court was going to treble those damages. And the defense knew that our fees and costs were going to be awarded in full under IFCA, CPA and Olympic Steamship. A claim that would have cost the title insurance company less than $200,000 if they had acted in good faith settled for $1,950,000.
Anonymous v. Jefferson Health Care—settled November 2021 (Jefferson County Superior Court). Plaintiff was negligently administered a large overdose of morphine as part of an intra-operative surgery cocktail. Jefferson Health Care admitted being negligent but disputed that negligence was the proximate cause of plaintiff’s massive injuries. After two years of intense litigation, a month before trial the case settled for a substantial, confidential amount.
Higgins v. PSE and Kitsap County—settled February 2021 (Kitsap County Superior Court). Mrs. Higgins was hit and killed in a cross walk in the Silverdale area. The negligent driver pled guilty to driving under the influence and was sentenced to prison. Documents produced in response to Public Disclosure Requests revealed deficiencies in the design of the crosswalk and the lighting at the crosswalk. A lawsuit was filed against Kitsap County Public Works. In its answer to the complaint, Kitsap County blamed PSE for the lighting deficiencies, so PSE was joined as a defendant. After considerable discovery, and on the eve of trial, the case was settled for a significant, confidential seven figure sum.
Lee v. AmGuard Insurance—settled January 2022 (Western District of Washington). Judge Rothstein granted us summary judgment finding AmGuard acted in bad faith and violated IFCA. Lee’s apartment building was severely damaged in a fire, rendering five of the six units uninhabitable. Lee’s primary source of income was the rents. Lee immediately notified AmGuard of the loss, triggering coverage for the property damage and lost rental income. AmGuard approved Servpro being hired to do mitigation work and to provide a repair estimate and proposal. AmGuard appointed Engle Martin & Associates to be its “eyes and ears” on the scene. And then it went off the rails. With no justification, Amguard refused to pay Servpro for its mitigation work, which led to Servpro putting a lien on the property and suing to foreclose on the property. AmGuard ignored all of Engle Martin’s many recommendations that AmGuard pay Servpro, provide money to rebuild the damaged units, and pay Lee for his lost rental income. AmGuard flat out ignored Lee’s many pleas for help as the loss of the rental income was wiping him out financially. On the eve of trial, the case settled for a confidential sum which included: payment of the Servpro invoice plus fees, costs and interest; more than 30 months of lost rents, even though the policy limits for lost rents was 12 months; all of the costs to rebuild the damaged units; all of Lee’s fees and costs; and a significant sum for Lee’s aggravation and emotional distress damages.
Yolie Feliz-Bordonada v. City of Federal Way, Cadence Capital, Pacland Seattle and Keiser—settled December 2021 for $975,000 (King County Superior Court). Yolie was run over by Keiser while riding her bicycle across a driveway in the City of Federal Way. Keiser failed to stop at the stop bar on the driveway and he did not see Yolie coming from his left. Keiser testified that he did not see Yolie as he was exiting the site because of a sign that blocked Yolie from his view. Candence developed the site adjoining the driveway, Pacland was the builder, and the City approved the site design. Discovery confirmed that Pacland and Cadence did not perform required site-line triangulation studies that would have alerted them to the fact that the sign obstructed the view of vehicles exiting the property, and that the City did not do anything to identify the issue before approving the plans and issuing the permits. Pacland and Cadence each moved for summary judgment arguing it owed Yolie no duty and in any event the design deficiencies were not the proximate cause of Yolie’s injuries—it was Keiser failing to stop at the stop bar that caused the accident. The City filed a motion echoing the same arguments but focusing more on the public duty doctrine. The first motion heard was Pacland’s and the Court denied that motion. Before the Court ruled on Cadence’s and the City’s motions, and on the eve of trial, the case settled with Keiser paying his $25,000 liability policy limits, and the other three defendants sharing $950,000.
TOC Holdings Co. v. Carolyn Heck, et.al. (United States Bankruptcy Court—settled April 2020). TOC Holdings sought to recover over $30 million from a number of defendants for alleged breach of fiduciary duties and fraudulent transfers. Jed successfully represented Ms. Heck and others in prosecuting their claim against Liberty Mutual Insurance, their Directors and Officers insurance provider. Liberty Mutual paid its policy limits towards the ultimate settlement of the underlying lawsuit being prosecuted in the bankruptcy court.
James and Renee Pecota v. Cement Distributors, Inc., filed in January 2017 in Pierce County Superior Court, Washington State, and tried to a 12 person jury on March 26, 2018. The Pecotas were seriously injured when their pick-up truck was rear-ended by Cement Distributors double-tanker semi-truck at high speed. The jury returned a $2.35 million verdict for the Pecotas.
Ron Pierce v. Carbonic Heat Products, LLC and Tim Flaherty, filed on 6/4/15 in the District Court for the Fifth Judicial District of the State of Idaho. Ron Pierce alleged breach of contract, breach of the covenant of good faith and fair dealing, unjust enrichment and quantum meruit, for wrongful termination and failure to pay wages owed. Representing CHP and Tim Flaherty, Jed filed counterclaims for misrepresentation/fraud, civil conspiracy and unjust enrichment. After discovery, and with a motion for summary judgment pending, plaintiff agreed to dismissal of his case with prejudice. No money was paid.
The Lauridsen Group, Inc. and Nixon Lauridsen v. Allianz Global, Continental Insurance, ACE American Insurance, Atlantic Specialty Insurance and Catlin Insurance (UK), filed on 5/27/15 in the United States District Court of Washington at Seattle. Nixon Lauridsen’s new build yacht rolled over on launch in Anacortes, Washington, and suffered a total loss. Representing The Lauridsen Group and Nixon Lauridsen, Jed prosecuted breach of contract and bad faith claims against Underwriters who refused to accept the tendered total loss and abandonment. The case settled at mediation on very favorable terms for a confidential seven figure amount.
Carbonic Heat Corporation v. Carbonic Heat Products, LLC, filed on 4/21/15 in King County Superior Court, Washington State. Carbonic Heat Corporation (CHC) sued Carbonic Heat Products, LLC (CHP) alleging breach of contract and fraud. Representing CHP, Jed filed counterclaims alleging breach of contract and negligent misrepresentation. This complex case was litigated through discovery and settled before trial with the parties dismissing claims with prejudice. No money was paid.
Jeff and Lori Main v. Tensar International Corporation and Sander: Jeff suffered a serious brain injury in an April 2011 car crash. Sander was driving for his employer Tensar at the time of the accident so Tensar was a vicariously liable defendant. It took five years to get this to the jury, as a result of four continuances of the trial date, but finally, after 10 days in trial, the jury returned a unanimous verdict for the Mains in the amount of $900,000. The jury award primarily addressed Jeff’s pain and suffering, the permanency of his injuries, and Lori’s loss of consortium. Tensar’s appeal to the Washington State Court of Appeals was granted on the narrow issue of whether Tensar’s vicarious liability should have been decided on summary judgment by the trial court. Shortly thereafter, the case settled with Tensar and Sander paying $1,008, 848--the judgment plus interest and costs.
Christian Racich v. Sean Copeland and Heather Shade (Juneau, Alaska Superior Court---2015). Prosecuted personal injury action for serious head injuries sustained in a roll over off-road vehicle accident. Settled for policy limits.
Maytown Sand and Gravel and the Port of Tacoma v. Thurston County (Lewis County Superior Court---Jury Trial 2014). Representing Maytown Sand and Gravel, successfully prosecuted to verdict claims against a public entity for tortious interference with a contract and business expectancy, negligence, negligent misrepresentation, and violations of Maytown’s Section 1983 Constitutional due process rights. After a five week trial the jury returned a $4 million verdict for Maytown and $8 million for the Port of Tacoma. Thurston County appealed to the Washington State Court of Appeals and lost. Thurston County appealed that to the Washington State Supreme Court and lost again. Thurston County ultimately paid more than $15.5 million.
Rene Winn v. South Kitsap School District (Kitsap County Superior Court—Jury Trial September 2019). Rene suffered serious injuries when she tripped over a low-slung cable stretching across a walking path. After 6 days in a hard-fought trial, the jury returned a $500,000 verdict with an unfavorable comparative fault allocation.
Kyle and Cheryl Mazanti. Cheryl suffered serious injuries in an automobile collision on October 12, 2016. Before trial, the at-fault driver tendered her $100,000 policy limits. The Mazantis tendered a policy limits claim to its UIM insurer, Nationwide. In the course of negotiations and discovery, Nationwide finally made a low-ball settlement offer which the Mazantis rejected. At arbitration, the Mazantis were awarded $438,746—more than 130% more than what Nationwide had offered. Nationwide paid the judgment and the Mazantis sued Nationwide in the Mason County Superior Court for bad faith and breach of contract. Nationwide removed the case to Federal Court. In October 2019, the case settled for a confidential sum.
Tierra Pointe Apartment Associates, LLC and American Home Builders, Inc. v. Certain Interested Underwriters at Lloyds of London (King County Superior Court---2011). Prosecuted breach of contract, bad faith and punitive damage (Calif. law applied) claims against Underwriters for damages sustained as a result of deliberate loss adjustment delay and underpayment. Among other things, Underwriters narrowly construed in their favor a Delayed Opening Endorsement in the Course of Construction coverage to justify their actions. On the actual eve of trial the case settled on very favorable terms for a confidential seven figure amount.
American Capital Group Entities v. Greenwich Insurance Company (W.D. in Seattle---Jury Trial 2011). Successfully prosecuted to verdict breach of contract claims against Greenwich. While on appeal to the Ninth Circuit, the case settled for the full verdict amount plus attorney fees.
Williams v. The Hertz Corporation (Kitsap County Superior Court---2011). Prosecuted personal injury action against Hertz. After prevailing on every meaningful substantive and discovery motion at the trial court and once at the Court of Appeals, the case settled on very favorable terms for a confidential seven figure amount. In this case we obtained a landmark ruling, confirmed by the Appellate Court Commissioner, that allowed punitive damages to go to the jury as the accident occurred in California.
Johnny’s Seafood v. The City of Tacoma (Pierce County Washington Superior Court). Successful prosecution of Johnny’s loss of use and property damage claims both in trial to the court and on appeal. Case was won on appeal and is reported at 73 Wn. App. 415, 869 P.2d 1097 (1994).
Bostrom Bergen v. EFCO (Federal District Court in San Francisco). Successful defense of product liability and breach of contract claims brought against EFCO seeking recovery of several millions of dollars in damages. The case was bifurcated at our request and tried first on damages to a federal judge appointed as special master and then in a liability trial to the federal district court in San Francisco.
Commonwealth Insurance Co. v. SCI (King County Washington Superior Court). Successful prosecution of Commonwealth’s declaratory action lawsuit seeking a declaration of no coverage in a multi-million dollar coverage dispute.
Holland America-Westours v. Petro Star Inc. and The State of Alaska (Alaska Superior Court in Fairbanks). Successful prosecution of Holland America’s insurers’ subrogation lawsuit against the State for faulty road design and against Petro Star for negligent operation and maintenance of its vehicles. On the first day of trial to a jury the case settled for several million dollars.
FDS Marine v. Foss Maritime (Federal District Court in Portland, Oregon). Defended against FDS Marine’s maritime salvage claim and prosecuted counter claims for breach of contract, negligence and fraud. The case settled favorably on the third day of trial.
Price v. American Buildings Company (E.D. Washington). Represented Price and its subrogated insurer Ranger Insurance Company in the prosecution of claims for breach of contract, breach of warranties, product liability and violation of the Consumer Protection Act. After a two week trial in federal district court in Spokane, Washington the jury returned a favorable verdict in excess of $2 million.
Ledcor Industries v. Donovan Excavating and others (King County Superior Court). Represented Ledcor and their subrogated insurer, Commonwealth Insurance Company, in this property damage, breach of contract and toxic tort case. The case settled favorably just before trial.
Commonwealth Insurance Company v. Maryland Insurance Company and others (W.D. Washington). Prosecuted Commonwealth’s contribution action and an assigned bad faith claim against other insurers who were alleged to be co-insurers on a loss. The lawsuit settled favorably.
Estate of Sheila Marin v. King County Metro (King County Washington). Represented the estate in this wrongful death case resulting from Sheila Marin being struck and killed by a Metro bus. The case settled in pre-suit mediation for $1,393,500.
Dianne O’Brien v. John Harer and others (King County Washington). Represented Dianne O’Brien seeking damages for bodily injury, pain and suffering, and economic loss resulting from an automobile accident caused by John Harer and others. The case settled in pre-suit mediation for $2,954,000.
J. M. Martinac Shipbuilding Corporation v. SEA Education Association (Arbitration in King County Washington). Represented Martinac in the prosecution of claims for breach of contract, reformation of contract and quantum meruit. Case settled favorably after four days of arbitration.
Northern Fruit v. Isolcell Italia (E.D. Washington). Represented Northern Fruit and its subrogated insurer, MSI Insurance, in prosecuting claims for product liability, failure to warn and violation of the Consumer Protection Act. Jury verdict in our favor awarding all damages claimed.
ET Environmental v. Zurich American, Ohio Casualty and Steadfast Insurance Company (W.D. Washington). Prosecuted ET Environmental’s declaratory action against various insurers alleging breach of contract, bad faith and violation of the Consumer Protection Act. The lawsuit settled favorably.
ET Environmental v. RV Associates, Inc. (King County Washington Superior Court). Prosecuted ET’s insurer’s assigned subrogation action against RV Associates. The lawsuit settled favorably.
J. W. Fowler Construction v. ACE Insurance Company (W.D. Washington; converted to arbitration by agreement). Prosecuted Fowler’s insurance coverage and bad faith claims against ACE. Fowler prevailed in the arbitration recovering substantial damages, pre-judgment interest and attorney fees.
Olympic Pipeline Corporation (W.D. Washington). Hired by AIG Insurance as trial counsel for the business interruption insurance claims that followed from the Olympic Pipeline explosion in Bellingham, Washington. Lawsuit settled on first day of trial. Then defended Olympic Pipeline Corporation in several personal injury actions allegedly resulting from the explosion. All of these claims were settled on favorable terms to Olympic Pipeline Corporation.
USA v. Marwan Shipping, et al. (U.S. District CT of Guam). Represented Dubai based ship owner in oil pollution and wreck removal litigation in Guam and related insurance coverage litigation in London.
International Tanker Owners Pollution Federation (Alaska Federal Court). Represented ITOPF in marine oil pollution litigation related to Glacier Bay oil spill.
American Lung Association v. American Lung Association of the Northwest, Pacific Northwest Lung Cancer Foundation, and others (King County Washington Superior Court). Successfully obtained two TROs and Preliminary Injunction against all defendants.
Committee of Unsecured Creditors v. Several Individual Members of MCE Board of Directors (U.S. Bankruptcy Court, W.D. Washington). Defended D&O claims brought by committee of unsecured creditors wherein the committee sought in excess of $100 million in damages. Case settled for $1.7 million (2009).
American Capital Group Entities v. Farmers Insurance Companies (King County Washington Superior Court). Prosecuted ACG’s bad faith, IFCA and breach of contract claims against two Farmers Insurance entities for damages sustained as a result of decks collapsing at two separate commercial properties. After prevailing on all substantive motions, both at the superior court and twice at the Court of Appeals, the case settled on very favorable terms for a confidential amount.