Early Resolution

We seek early resolution and take a proactive approach in every case. Our approach includes soliciting early demands, avoiding unnecessary discovery, aggressively pursuing the discovery that matters, obtaining trial dates as soon as practicable, filing early strategic motions, combining plaintiff’s depositions with informal settlement conferences, and proposing early alternatives to protracted litigation.

Early Resolution Case Studies

Insurer Client Pays Nothing at Mediation

Stephanie Andersen represented an insurer in an additional insured matter involving water damage at an apartment complex. The work of her client’s named insured, a subcontractor, and additional insured, a general contractor (“GC”), allegedly caused water damage there. The apartment owner sued the GC for property damage. The insurer was concerned the owner would take a covenant judgment against the GC, who would have been an additional insured under our client’s policy but for the policy’s “ongoing operations” endorsement. (It was clear the damage related to the subcontractor’s work did not occur until after the project had finished so per Washington law, the “ongoing operations” endorsement did not apply.) To prevent a covenant judgment, Ms. Andersen counseled her client to defend the GC for the subcontractor’s negligence not under the policy, but instead under the named insured’s subcontract.  In the end her client paid nothing to settle the AI claim in the underlying lawsuit; the named insured’s insurer paid for damage caused by its work and the GC’s insurer paid for damage caused by its failure to supervise/mitigate.

Lack of Personal Jurisdiction Dismissal of Client in Asbestos Exposure Case

Grant Lingg and William C. “Chris” Gibson obtained a Fed. R. Civ. P. 12 (b)(2) dismissal for a client in an alleged multiple location-asbestos exposure action pending in the United States District Court for the Western District of Washington.  The basis of the dismissal was the plaintiff’s failure to establish the Court’s personal jurisdiction over the client in the litigation.