Our Firm has many years experience in insurance coverage representation for policyholders.  We have dealt with most major liability coverage issues, including: 

• Negotiation of coverage disputes

• Late notice

• Existence and extent of ongoing property damage

• Duty to defend

• Trigger of coverage

• Environmental insurance claims, including the effect of a limited pollution exclusion

• Asbestos personal injury

• Application of policy defenses, including whether policyholder expected or intended damage

• Allocation among primary and excess insurance companies

• Insurance company practices and procedures

• Depositions of policyholder and insurance company employees and former employees.

     We have successfully handled and tried a major environmental insurance claim in Multnomah County Circuit Court, Cascade Corporation v. American Home Assurance Co. et al., involving TCE contamination in groundwater moving toward the City of Portland backup well field.  Defendant insurance companies included AIG, Lloyd's of London, and Fireman's Fund.  We assisted in presenting the claim, obtained a defense from one insurance company against a CERCLA contribution action, and filed suit against 10 insurance companies to establish coverage for past and future damages.   We pursued the suit through discovery, major motions, a court trial establishing the existence of missing policies, a jury trial resulting in a $14 million verdict for past costs,  settlement with eight of the insurance companies for past and future coverage, and disputes with two remaining excess insurance companies over allocation and the effect of previous settlements, and the award of substantial attorney fees to the successful policyholder.     

     We have handled an environmental insurance claim resulting from an areawide groundwater gasoline contamination problem in downtown Prineville, Oregon.  As a result of thorough claim presentation and negotiation, the insurance company is defending and indemnifying our client under a reservation of rights, and expending hundreds of thousands of dollars, without resort to litigation. 

     We have been involved in the successful mediation of an insurance claim arising from the NL/Gould Superfund site in Portland, and resolved the last part of that claim after filing for arbitration.

     We have analyzed coverage for multiple asbestos personal injury claims, and addressed practical and legal issues arising from multi-insurer defense groups.

     We also have experience in coverage litigation over:

• Employment-related lawsuits;

• Product recalls;

• Professional liability 

     Our goal is to obtain coverage whenever possible without resort to litigation.  However, we do not hesitate to bring litigation when necessary.  Our record establishes us as an effective ally of a policyholder with an insurance dispute.