2015 CLM Washington Chapter Educational and Networking Event - 6/30 - Professors ­

Speaker Bios

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Fellows

Jason BarneyWashington Cities Insurance Authority
Joe BeckCity of Bothell
Jim DavisSelf Employed
Kelly Hopper MooreProvidence Healthcare
Jay JenkinsT-Scan Corporation
Donna RobinsonPhysician Direct Services
Karen TallmanSedgwick
Thomas D UnderbrinkMutual of Enumclaw Insurance Company
Moira WattsAIG
Melissa WhiteSelf Employed
Brent Williams-RuthBWR Consultants, PLLC

Members

Jacquelyn BeattyKarr Tuttle Campbell
Marilee EricksonReed McClure
Carl ForsbergForsberg & Umlauf PS
Karen KalzerHelsell Fetterman LLP
Adam RosenbergWilliams Kastner
Mark ScheerScheer Law PLLC

Jason Barney

Senior Adjuster

Washington Cities Insurance Authority

Jason started his insurance and claims career sixteen years ago at a major national TPA.  He gained additional multi-line experience working for a regional insurance carrier before transitioning to the public sector at King County, and currently works as an adjuster for a municipal risk pool.  Jason’s experience includes a broad range of general and professional liability claims along with enjoying the wide and unique range of municipal exposures in his current position.  He enjoys the risk management portion of his occupation and continually seeks to implement risk transfer opportunities to his members’ benefit.  Jason recently earned his Master’s Degree in Risk Management and is a recent graduate from the 2015 Citizen's Police Academy.

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Jacquelyn Beatty

Attorney

Karr Tuttle Campbell

Jacquelyn Beatty, a CLM Co-Chair for Washington State, is a shareholder with the Seattle, Washington firm Karr Tuttle Campbell, where she chairs the Insurance and Appellate Practice groups. She has litigated insurance coverage and bad faith cases on behalf of insurers, corporations, and government entities for over twenty five years. Her experience also includes the defense of construction defect, toxic tort, professional malpractice and employment practice matters, and general commercial litigation. She graduated from the University Of Washington School Of Law with Honors in 1987 and holds undergraduate degrees from Brown University and Columbia University School of Nursing. She earned her CPCU and ARM designations in 2003 and 2004, and her CLMP designation in 2012.  In 2010, 2011, and 2013 she was voted one of Washington’s Top Fifty Women Attorneys. Ms. Beatty has successfully represented insurers in published and unpublished cases. She is Martindale Hubbell AV Pre-eminent rated.

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Joe Beck

Counsel

City of Bothell

Joseph Beck is the city attorney for the City of Bothell and has been in that position for almost seven years.  Prior to Bothell Joe was the assistant city attorney for the City of Auburn for five years. Joe obtained his legal degree from Willamette University College of Law.  Following law school Joe started his legal career working for Bishop Law Office in Garfield, Washington where he represented Garfield, Palouse, Tekoa, Oakesdale, Albion and Rosalia in a variety of civil municipal matters.  In between Bishop Law Office and the City of Auburn, Joe was an associate for the law firm of Luce, Lombino & Riggio, P.S. (now Luce & Associates, P.S.) where he represented the City of Roy and was the attorney for the Town of Ruston and the City of Pacific.

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Jim Davis

President and Consultant

Self Employed

I believe in providing sound advice that transforms my clients’ business into an efficient, effective, and highly profitable nationally and internationally recognized insurance claim organization.

Securus Consultants’ experts have decades of domestic and international claim and risk management experience, leading highly effective and prosperous claim teams who manage national and international, multi-billion-dollar corporations. See the why, what, who and how at www.securusconsultants.com.

With over 30 years’ experience, I am an accomplished executive with expertise in risk and claim management within the Property and Casualty arena. Through actively listening to my clients, critical thinking, and strategic leadership, I provide refreshingly creative growth and organizational solutions for TPA’s, Independent Loss Adjusting firms, and the claim departments of Insurers, Brokerages and Agencies. I have measurable results in developing sustainable business strategies, critical issue resolution, and creating new policies and procedures to drive quality, accuracy, and efficiency.

I am the co-creator and former Executive Vice President of Partners Claim Services, which, in only five years, grew from a small local independent loss adjusting firm to an international third-party claims administrator. I have served the Claim and Litigation Management Alliance (CLM) as an Advisory Board member and National Chair. I am the former President of the Puget Sound Claim Executive’s Council.

I present frequently at national and regional risk and insurance organization events.

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Marilee Erickson

Attorney

Reed McClure

Marilee C. Erickson is a shareholder in the Reed McClure law firm. For over 26 years, Marilee has
been representing parties in trial and appellate courts. She focuses her practice on defense of tort
claims and insurance disputes, including bad faith claims. She also defends employment disputes and
premises, product, and professional liability claims.
She devotes a substantial portion of her practice to appellate matters. Marilee is a charter member of
the Washington Appellate Lawyers Association (“WALA”). She frequently appears in Washington
appellate courts. Prior to joining Reed McClure, Marilee served as law clerk at the Washington Court
of Appeals, Division II. She is a contributing author of the Third Edition of the Washington Appellate
Practice Deskbook.
Education
Seattle University, School of Law, 1986, J.D., Honors: cum laude
North Park College, 1982, B.A., Honors: cum laude
Background
Marilee was born and raised in Mount Vernon, Washington. She is admitted to practice in the State of
Washington, the United States District Court for the Western District of Washington, United States
Court of Appeals for the Ninth Circuit, and the United States Supreme Court.
In addition to her WALA membership, Marilee has served on various bar committees and often
speaks at CLEs. Marilee was on the King County Bar Foundation and served as President in 1999 to
2000. She is a member of the King County Bar Association, Appellate Section, the Washington
Defense Trial Lawyers, the Defense Research Institute, and the Northwest Insurance Coverage
Association.
Representative Cases
Morin v. Burris, 160 Wn.2d 745, 161 P.3d 956 (2007) A default order and judgment were vacated
because plaintiff failed to disclose the fact a lawsuit had been filed when the defendant’s liability
insurer specifically inquired about the status of the case.
Del Rosario v. Del Rosario, 152 Wn.2d 375, 97 P.3d 11 (2004) Challenge to a personal injury release
involving a nonEnglish
speaker. The Supreme Court reversed the trial court’s application of the
Finch “fairly and knowingly made” test for challenging a release. The Supreme Court held the Finch
test only applied to latent injury claims. A party can only successfully challenge a release by
establishing misrepresentation, overreaching, or undue influence.
Aranda v. Haywood, 143 Wn.2d 321, 19 P.3d 406 (2001) Plaintiff who waited until after trial was
estopped from challenging adequacy of proof of service of the request for trial de novo of a
mandatory arbitration award.
Ashley v. Hall, 138 Wn.2d 151, 978 P.2d 1055 (1999) Admission of lay opinion that did not meet
requirements of ER 701 was harmless error where opponent did not timely object or move to strike.
Russell v. Maas, 166 Wn. App. 885, 272 P.3d 273 (2012) Trial de novo request reinstated after
opponent moved to strike because the attorney, not the party, initiated the request. The court
reaffirmed the fundamental principles that an attorney acts for the client and attorney client
communications are protected.
Harvey v. Obermeit, 163 Wn. App. 311, 261 P.3d 671 (2011) Plaintiff failed to make due and diligent
effort to find and serve defendant, so case was dismissed for lack of service.
Mathioudakis v. Fleming, 140 Wn. App. 247, 161 P.3d 451 (2007) Court refused to apply FisherFinney
rule — that a damages award is binding on the UM/UIM carrier — to the tortfeasor.
Tribble v. Allstate Property and Cas. Ins. Co., 134 Wn. App. 163, 139 P.3d 373 (2006) Judgment
against UIM/UM carrier in a trial for contract benefits is limited to the amount of the UIM/UM policy
limits.

 

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Carl Forsberg

Shareholder

Forsberg & Umlauf PS

Carl Forsberg is a Shareholder with Forsberg & Umlauf, P.S.  His defense litigation practice emphasizes personal injury, general liability, analysis of first and third-party coverage issues and the defense of alleged insurance bad faith matters.  Carl obtained his undergraduate degree from Gonzaga University and his law degree from Pepperdine University School of Law.  Carl enjoys teaching and regularly participates as an instructor for the National Institute of Trial Advocacy, trial practice and deposition skills training seminars, also as an adjunct professor teaching trial practice at the University of Washington School of Law.  In 2011, Carl was invited to teach trial advocacy skills with Justice Advocacy Africa, in Nairobi, at the Kenya School of Law.
Over the past decade, Carl has served on the King County Bar Association’s Judicial Screening, Judicial Conference and Judicial Selection Committees.  Carl is the current Chair of KCBA’s Judicial Evaluation Committee.  He has been AV Preeminent Rated for the past 20 years, has been named to Washington’s “Super Lawyer’s” list the past 14 years and to Washington’s “Top 100” list in 2010, 2011, 2013 and 2014.  In 2010, Carl received recognition as the Washington Defense Trial Lawyers, Defense Attorney of the Year, and he recently received KBCA’s 2013 Outstanding Lawyer award.
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Kelly Hopper Moore

Executive Director of Claims

Providence Healthcare

Kelly Hopper Moore is a claims leader who manages the Claims Department for the State of Oregon, which handles multi-line claims for over 100 State agencies. She has served in positions as a Senior Director of Claims, Litigation Manager, and Home Office analyst. She has handled and managed multi-line claims in all 50 venues, both commercial and personal lines, including excess and surplus. She has led claims departments and teams both in the field and within corporate offices.    She has participated in CLM via conference presentations, claims college faculty and school executive council, ADR committee co-chair, and article authorship. She is past president of the PNW Chapter of CPCU. 

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Jay Jenkins

Director, Business Development & Client Services

T-Scan Corporation

Jay Jenkins, T-Scan Corporation’s Director of Client Services and member of T-Scan Corporation’s Senior Management Team, has helped guide T-Scan Corporation from a small start up to a nationally recognized record retrieval leader.

Each year T-Scan retrieves and distributes over 60,000 individual record sets. During the year, T-Scan produces roughly 4 million document images while safely delivering and storing approximately 4 Terabytes of information on behalf of clients throughout the country.

As the leader in record retrieval, our job requires T-Scan to be aware of many regulations governing protected information throughout various jurisdictions. Our experience has afforded T-Scan the opportunity to build the most efficient retrieval processes available.

With nearly 30 years in client services, Jay spent his entire professional life serving the needs of the client, the last 10 years at T-Scan. Jay and T-Scan believe that by sharing our knowledge and experience benefits all of us in the legal/claims community.

Each year, Jay presents local, regional and national CLE presentations to various legal professional organizations.

He holds a BA in English from the University of Washington. While he is extremely proud of the accomplishments at T-Scan Corporation, it is his very noisy house with two cats, an old dog, two active boys and an amazing wife that makes it all worthwhile.

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Karen Kalzer

Attorney

Helsell Fetterman LLP

Ms. Kalzer practices professional liability, employment and education law with an emphasis on defending complex litigation for communities of faith, non-profits, schools, health care providers and other private employers.  She is a respected and popular instructor for CLM in claims evaluation and ethics.Ms. Kalzer has handled and successfully resolved over 300 claims of employee misconduct by combining tough incisive legal tactics with an empathetic litigation approach and compassionate communication skills. Her practice requires targeted experience in areas of privacy rights, Constitutional issues, mental health, and human development.Additionally, she has tried professional liability, medical malpractice and employment discrimination cases to verdict in District Court and Superior Court and engaged in oral argument in Divisions I and II of the Washington State Court of Appeals and the Washington State Supreme Court. She has practiced in both State and Federal Court. She is experienced in managing complex multi-plaintiff litigation and bringing the matter to a successful and cost efficient conclusion.EducationSeattle University School of Law, Juris Doctor, cum laude, 1995 Top 10% of her classGonzaga University, Master of Arts, Organizational Leadership, expected 2013Universite de Poitiers (France), Certificat des EtudesUniversity of Oregon, Bachelor of Arts, English and Political Science, 1984AdmissionsUnited States Supreme CourtSupreme Court of the State of OregonSupreme Court of the State of WashingtonUnited States District Court for the Western District of WashingtonUnited States Court of Appeals for the Ninth Circuit

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Donna Robinson

Client Relations

Physician Direct Services

Donna Robinson is the Client Services Representative for Physician Direct Services, an independent medical examination company. For over 15 years, Physician Direct Services has been assisting insurance adjusters and attorneys in providing medical experts for use in their bodily injury cases.
Donna has over 30+ years of experience as a paralegal, having started when she was 6 years of age (or somewhere close to that).  The majority of her career consists of working as a paralegal for both plaintiff personal injury and insurance defense firms in the Tacoma, Seattle and Bellevue areas, as well as Albuquerque, NM.  She also has a Paralegal Degree from the Albuquerque Career Institute at UNM.
In her experience as a paralegal, Donna has worked with PIP, 3rd Party and UM/UIM adjusters in the process of resolving bodily injury cases.  Managing pre-litigation and litigation cases resulted in her gaining extensive experience in the process of locating gathering, and organizing of medical records, as well as the summarizing of medical treatment.  She also has significant experience in working on both sides of the IME process.
As a Client Services Representative for PDS, Donna has developed relationships with the members of many insurance and legal industry organizations, such as the Washington Paralegal Association, National Association of Legal Secretaries, and the Puget Sound Adjusters Association, to name a few.  Through these relationships, she has begun to understand the variety of individual needs these professionals have when it comes to the IME process, and works to find a solution for every situation.

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Adam Rosenberg

Attorney

Williams Kastner

Adam’s practice involves defending complex land use disputes, civil rights claims, and premises liability actions. Adam has represented cities and counties throughout Washington, as well as mayors, judges, and other elected officials. He has secured successful results for clients at the pre-litigation stage, through motions practice, and by jury verdict. Adam is admitted to practice in all Washington courts, the Eastern and Western Districts of Washington, the Ninth Circuit Court of Appeals, and the U.S. Supreme Court. When not at work, Adam enjoys spending time with his wife and son, endurance sports, and watching bad reality television. Representative CasesDefense verdict in favor of a local ski area in premises liability case.Secured partial summary judgment, followed by an order enforcing the parties' non-monetary settlement, in Fourth Amendment case involving complex insurance fraud investigation.Defense verdict following a five week jury trial, in a complex road design lawsuit brought on behalf of a young man who suffered catastrophic brain injuries. Obtained summary dismissal of a federal lawsuit in which the plaintiff business-owner claimed millions of dollars in lost revenue following municipal client's redesign of the adjacent roadway.Successfully defended the discretionary decisions of the Town of Steilacoom in a contested LUPA hearing; prevailed on appeal and secured a substantial attorneys' fees award.Defended a local municipality in an inquest following a fatal police shooting. The jury found that the officers exercised reasonable force.Summary judgment in favor of a large municipal client, dismissing a multimillion dollar permit delay and disparate treatment lawsuit. In her order, the federal judge struck the plaintiff's "sham declarations" as inconsistent with prior deposition testimony and pleadings. The dismissal was affirmed by the Ninth Circuit, and the United States Supreme Court denied certiorari.Defended the firm and former partner against civil rights claims arising out of litigation work. Summary judgment was entered, followed by a sanctions judgment and injunction precluding further litigation.Obtained summary judgment in a hotly contested police conduct case, in which the mayor, chief of police, and three officers were named as defendants. In dismissing the lawsuit, the district court judge expressly found that the plaintiff-bar owners were unlike any other bar-owners in the area, and therefore not subject to disparate treatment.Secured substantial sanctions award against a local developer after demonstrating that the voluminous federal lawsuit which named three individuals, including the mayor, as defendants was brought for improper purposes. The plaintiffs voluntarily dismissed their case soon after.Summary dismissal of complex road design lawsuit arising out of a death during the Puyallup Fair. The court agreed with our legal argument despite the plaintiff's offer of significant expert testimony supporting her theory of the case.Substantial involvement in defense of putative class action lawsuit charging that the City of Fife's jail-booking process violated procedural due process. After briefing, the case settled for nuisance value.Provided ongoing advice to various municipal clients related to their land use practices and risk management.Presentations"Risk Management in Land Use," Washington Defense Trial Lawyers (2013)"A Tale of Two Lawsuits," Puget Sound Claim Manager Council (2012)."The Ten Commandments of Working with a Permitting Agency," Permitting Residential, Commercial & Industrial Projects in Washington (2012)Jail and Prison Liability and Rick Management, Washington Cities Insurance Authority (2010)."So You've Hired A Brady Cop - Now What?" Washington State Association of Municipal Attorneys (Spring Conference, 2010).The Law Governing Use of Force Encounters, City of Kirkland Police Training Seminar (2011)."The Perfect Plaintiff," Washington Defense Trial Lawyers (Annual Convention, 2011).Professional and Community ActivitiesMember, Board of Trustees, Washington Defense Trial LawyersNinth Circuit Pro Bono PanelEducation, Recognition, and Honors"Rising Star" (Washington Law and Politics Magazine)Associate of the Year (Washington Defense Trial Lawyers)Seattle University School of Law, JD (summa cum laude), 2007;Seattle University Law Review, 2005-2007, Associate Editor;Honors 2007 Mark Reutlinger Scholarship for Excellence in Legal Writing;Academic Achievement Scholarships 2004, 2006, and 2007;Extern to the Honorable Karen A. Overstreet, Chief Judge, U.S. Bankruptcy Court, Western District of Washington. University of Washington, School of Business, BA, Business Administration (Dean's List), 2004.
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Mark Scheer

Attorney

Scheer Law PLLC

Mr. Scheer has a thriving litigation practice and focuses on high-exposure, complex and commercial litigation. He is admitted in Federal and State Court, as well as the U.S. Supreme Court. He is a trial lawyer. He has tried cases in professional and products liability, trucking, admiralty, collapse, insurance coverage, construction, breach of contract, construction defect, property insurance, bad faith, civil forfeiture, subrogation, personal injury, wrongful foreclosure, trespass and criminal prosecution. He has tried multiple wrongful death cases to verdict (all resulting in defense verdicts), and has tried many other multi-million dollar exposure and catastrophic cases to verdict. He is routinely retained as monitoring counsel or excess counsel on very large, high exposure, and high profile cases (including multiple cases with excess of $100-$250 million exposure).

Mr. Scheer speaks regularly at numerous international and national conferences, and he has appeared on ABC’s Good Morning America, discussing a product liability case in which he was lead counsel. Mr. Scheer has received his “AV” rating from Martindale-Hubbell,  which is the highest peer based rating indicating very high to preeminent legal abilities and highest ethical rating. Mr. Scheer has been selected multiple times by Washington Law & Politics magazine as a Washington State Super Lawyer, including at least the last 10 years in a row.
 
Mr. Scheer is a member of Themis Advocates Group, the International Association of Defense Counsel, the Loss Executive Association, the Defense Research Institute, and the Council on Litigation Management (where he served as the first Co-Chair for Washington State).  Mr. Scheer is also a member of the Washington Defense Trial Lawyers (“WDTL”), where he served four years as a Trustee on the Board of Directors for WDTL and also served as the Chair of the Construction Committee and Chair of the Judicial Liaison Committee.
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Karen Tallman

General Adjuster

Sedgwick

In my 28 year as an adjuster I have spent most of my time as an independent, working in the every changing world of insurance. As well as my work as a field adjuster I held positions in management providing leadership and overseeing all operations including business development, customer relations, quality control of work product, staffing, and management of 30 personnel in 4 states.
With my recent move to VeriClaim Inc. I am provided the opportunity to return to work in the field as a GA level multi-line adjuster handling all sizes of property losses as well as complex and litigated casualty files. I handle Construction Defect, Product Liability, E &O and Professional Liability for a wide variety of insurers and self-insured clients.
I represent my company at industry events such as PLRB, CLM, DRI, and TIDA. I was a presenter last year for the Oregon Casualty Adjusters Association, and to the Columbia Gorge Transportation Cooperative.
WORK & SERVICE EXPERIENCE:
09/15-Present:   General Adjuster-Vericlaim/Sedgwick
08/13 – 09/15:   President – Norcross10/12 – 08/13:   President – Washington-Oregon Claim Service
02/09 – 10/12:  Regional Manager – Washington-Oregon Claim Service
02/01 – 02/09:  Portland Branch Manager – Washington-Oregon Claim Service
07/98 – 02/01:  Senior Adjuster – Reliance Insurance Company
03/98 – 07/98:  Investigator – Marossi & Associates
01/98 – 03/98:  Adjuster – J. Walling & Associates
02/91 – 12/97:  Adjuster – Bland & Rodarte Adjusters
PROFESSIONAL ORGANIZATIONS:Oregon Casualty Adjusters AssociationPuget Sound Claim Manager CouncilFellow, Claims & Litigation Management AllianceMember, Trucking Industry Defense AssociationPast member and Board officer for the Southern Nevada and Nevada State Claims Associations

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Thomas D Underbrink

Director of Litigation

Mutual of Enumclaw Insurance Company

Tom Underbrink has served in the property and casualty insurance industry in litigation and claims management or corporate law positions at both regional and national insurers for almost 30 years.  For the past 11 years he has been the Director of Litigation at Mutual of Enumclaw Insurance Company.  He attended USC law school and is an active member of the Colorado Bar Association.  He holds insurance professional designations of Chartered Property Casualty Underwriter, Chartered Life Underwriter and Chartered Financial Consultant.  Tom currently provides oversight for a broad range of tort, contract, extra-contractual and appellate litigation arising from both personal lines and commercial lines insurance for Mutual of Enumclaw and Enumclaw Property and Casualty Insurance doing business in Washington, Oregon, Idaho, Utah, and Arizona.
 
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Moira Watts

Claims Account Manager

AIG

Moira Watts provides claims management and risk management services for USI Insurance Services in Washington, Oregon, Idaho, and Alaska since 2006. This includes claims handling protocol; direct assistance in large or problematic claims; claims audits; and acting as a claims resource forprospective and existing clients. She has conducted workshops for clients addressing their specific needs, including topics such as Risk Transfer, Contracts, Investigation, and Claims Reserving. She works closely with clients involved in complex coverage issues and litigation, collaborating with defense counsel and assisting in litigation management of high SIR cases to obtain the best result possible for clients. Prior to joining USI Insurance Services, Moira spent 18 years working on the insurance company side, including Zurich North America as a Senior Litigation Specialist, as a Claims Supervisor for USF +G and as a Claims Representative for The Home Insurance Company from 1988 to 1994. She graduated from City University with a Bachelors of Science in Business Administration. She has earned her Casualty Claims Law Associate designation, and holds a State of Washington Insurance Producer License.
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Melissa White

Attorney

Self Employed

Melissa O’Loughlin White focuses her practice on insurance coverage, bad faith, and claims handling issues in Washington and Oregon from Cozen O’Connor’s Seattle office.  She has appellate expertise, participating in and monitoring significant appellate decisions that impact the insurance industry.  As a result, she is uniquely qualified to advise insurers about coverage issues and how to avoid extra-contractual exposure.  A skilled litigator and an effective negotiator, she is adept at using appellate issues and changes in the law to leverage favorable settlements on behalf of clients who prefer an agreed resolution over contentious litigation.  Ms. White is the incoming chair of the Washington Defense Trial Lawyers’ amicus curiae committee, a past chair of the King County Bar Association’s Appellate Practice Section, and a past president of King County Washington Women Lawyers.

https://www.cozen.com/people/bios/white-melissa
 
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Brent Williams-Ruth

General Counsel

BWR Consultants, PLLC

Profile
Mr. Williams-Ruth is General Counsel of Pooch Paradise, LLC a dog daycare company, where he is responsible for all risk management, contractual negotiations, and business finance matters.  Additionally, Mr. Williams-Ruth is General Counsel and Member of BWR Consultants, PLLC, where he provides contract in-house counsel services and is developing an event planning and organizing business. 

Mr. Williams-Ruth is a former insurance defense attorney, most recently with the boutique law firm  
Scheer & Zehnder LLP, where his practice focused on insurance coverage matters and complex civil litigation, including class-action defense of businesses. Mr. Williams-Ruth also has prior experience focused on insurance coverage matters resulting in bad faith litigation.
 
Mr. Williams-Ruth received his Juris Doctor from Seattle University
School of Law in 2001. During his time in law school he work for
Judge Arthur Verharen (retired) and Judge D. Gary Steiner (retired)
in the Pierce County Superior Court as well as for the King County
Prosecuting Attorney.

Affiliations
Washington State Bar Association
King County Bar Association
Washington Defense Trial Lawyers
 
Former Areas of practice
Construction
Insurance Coverage
Insurance Defense 

Admitted to Practice
Washington
Western District of Washington, Federal District Court
Eastern District of Washington, Federal District Court
US Bankruptcy Court, Eastern District of Washington
9th Circuit Court of Appeals

Academics
Seattle University, School of Law (J.D., 2001)
University of Washington (B.A., Political Science, 1999)
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