Client Collaborations

Represented former manufacturer of diethylstilbestrol and one of its primary insurers in coverage action, including successful trial on lost policy issues.

Major builder’s risk insurance recovery for new Oregon data center. Successful litigation and mediated resolution of a project owner’s $8 million claim against its builder’s risk insurance carriers following two explosions and fires during the construction of a 250,000 sq. ft. data center in Washington County, Oregon. The builder’s risk insurers’ untimely and unreasonable claims adjustment resulted in zero payment to the project owner prior to Miller Nash’s involvement. Litigation involved extensive discovery of electronically stored information and depositions, in addition to summary judgment briefing and other motions. With the assistance of a mediator, the vast majority of the owner’s losses were recovered.

Major builder’s risk insurance recovery for new Oregon data center. Successful litigation and mediated resolution of a project owner’s $8 million claim against its builder’s risk insurance carriers following two explosions and fires during the construction of a 250,000 sq. ft. data center in Washington County, Oregon. The builder’s risk insurers’ untimely and unreasonable claims adjustment resulted in zero payment to the project owner prior to Miller Nash’s involvement. Litigation involved extensive discovery of electronically stored information and depositions, in addition to summary judgment briefing and other motions. With the assistance of a mediator, the vast majority of the owner’s losses were recovered.

Major builder’s risk insurance recovery for new Oregon data center. Successful litigation and mediated resolution of a project owner’s $8 million claim against its builder’s risk insurance carriers following two explosions and fires during the construction of a 250,000 sq. ft. data center in Washington County, Oregon. The builder’s risk insurers’ untimely and unreasonable claims adjustment resulted in zero payment to the project owner prior to Miller Nash’s involvement. Litigation involved extensive discovery of electronically stored information and depositions, in addition to summary judgment briefing and other motions. With the assistance of a mediator, the vast majority of the owner’s losses were recovered.

Represented the successor to a mining company in Idaho in a lawsuit to recover insurance benefits relating to the investigation of contamination at a former mining site. A federal court ruled in favor of our client on summary judgment, finding the insurer jointly and severally liable for all defense costs incurred from the date of first notice of claim.

Ongoing representation of several business clients on coverage matters involving properties with environmental contamination.

Represented local port district in negotiating resolution defense and indemnity claims against client’s primary insurer, arising out of multi-site environmental cleanups, resulting in an eight-figure settlement without ever commencing litigation.

Representing Portland-area businesses seeking coverage for business interruption losses sustained from COVID-19, including in the Ninth Circuit Court of Appeals

Successful settlement resolution of state court insurance coverage recovery action against multiple national and international insurers for multinational manufacturer named as a potentially responsible party in the ongoing extensive Portland Harbor cleanup. As a part of that proceeding, obtained an antisuit injunction prohibiting insurers from continuing with a duplicative action brought by them in another state seeking a declaratory judgment of no coverage. Coverage was sought for the client under insurance policies of predecessor companies that had owned the client's current Portland facility within the Portland Harbor cleanup study area.