TRIAL LAWYER WITH MILITARY BACKGROUND DEFENDING INSURERS IN COVERAGE DISPUTES
Dan Bentson is a seasoned litigator with extensive experience representing insurers in coverage disputes involving builder’s risk, commercial property, and other first-party claims. He also represents insurers in disputes involving, various lines of third-party liability insurance, including commercial general liability, employer’s liability, and errors and omissions coverage. He has defended insurers in numerous high-stakes lawsuits that involved claims of bad faith and extra-contractual liability and obtained successful results on summary judgment and at trial.
Clients seek him out not only because of his solid understanding of the insurance industry and coverage issues, but also his knowledge of the local landscape and the unique perils insurers face in Washington. Dan is skilled at spotting issues and comes prepared with solutions to build strong defenses early in a case. When developing strategy, he’s practical and keeps his client’s bottom-line interests at heart. He works to move the ball forward while still keeping the big picture in mind.
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Prior to his clerkship, Dan was a prosecutor and successful trial lawyer in the United States Army JAG Corps. He handled numerous felony prosecutions and served as lead counsel in a capital murder case. This set him up with trial experience early in his career and gave him a leg up when entering private practice. While in the Army, he deployed to Iraq in support of Operation Iraqi Freedom and received the Bronze Star Medal for his service.
PRACTICE AREAS
ADMISSIONS
- Oregon
- Washington
Court Admissions
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, District of Oregon
- U.S. District Court, Eastern District of Washington
- U.S. District Court, Western District of Washington
- U.S. Court of Appeals, Sixth Circuit
EDUCATION
- University of Washington, School of Law – J.D., 2005
- Biola University – B.A., 2002
CLIENT WINS
Insurance Coverage
- Defended a commercial property insurer at trial against claims for damage caused by long-term water intrusion at a condominium complex. Following a three-week trial in federal court, the jury returned a complete defense verdict. The jury awarded no damages to the plaintiff homeowner’s association.
- Defended commercial property insurer against claims for business interruption losses allegedly caused by the COVID-19 pandemic. The federal district court granted insurer’s motion to dismiss.
- Defended professional liability insurer against contractual and extra-contractual claims. Court granted summary judgment in favor of insurer and terminated insurer’s defense obligation in the underlying action.
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- Defended marine underwriters against contractual and extra-contractual claims. Court granted insurer’s motion for summary judgment holding that alleged electrolysis and corrosion damage was not covered under applicable hull policy.
Appellate
- Argued and prevailed on behalf of client before the Washington Supreme Court. Commercial property insurer was not served through the Washington Insurance Commissioner and the federal district court asked Washington’s high court to determine whether service on an employee of the insurer was sufficient. The court held unanimously that the Washington Insurance Commissioner is the exclusive agent to accept service on behalf of an authorized foreign insurer and, thus, service on the insurer’s employee was ineffective.
- Argued and prevailed on behalf of client before the U.S. Court of Appeals for the Ninth Circuit. The district court determined that all contractual and extra-contractual claims asserted against the accidental death and disability insurer were time barred. On appeal, the Ninth Circuit affirmed the district court’s order of dismissal in its entirety.
- Argued and prevailed on behalf of client before the U.S. Court of Appeals for the Sixth Circuit. The district court dismissed thousands of asbestos-related personal injury claims due to a lack of personal jurisdiction. On appeal, the Sixth Circuit affirmed the district court’s decision that the clients had not waived their personal jurisdiction defenses.
- Argued and prevailed on behalf of client before the Washington Court of Appeals. Court held that there is no viable cause of action for wrongful death after an individual allows the statute of limitations to expire on his underlying personal injury claims during his lifetime and, thus, it reversed the trial court’s decision denying the client’s motion for summary judgment.
Commercial Litigation
- Obtained dismissal of federal maritime lien enforcement action brought against Oregon seafood company based upon lack of personal jurisdiction.
- Prevailed on behalf of bakery owner in action to recover for payments owed under an installment contract following sale of the client’s business property.
- Successfully represented owner of tugboat in action to recover for unjustified repair bills and Consumer Protection Act violations.
- American Bar Association (Vice Chair, Trial Tort & Insurance Practice (TIPS) Property Insurance Law Committee)
- Co-Speaker & Author, “Extra-Contractual Issues and Exposures,” The Seminar Group Northwest Insurance Law (2020)
- Co-Speaker & Author, “Understanding ‘Occurrences’ in Liability Policies in the Context of Construction Litigation,” The Seminar Group Comprehensive Insurance Law Summit (2017)
- Co-Author, “The Japanese Earthquake and Tsunami of 2011 and Contingent Business Interruption Coverage,” Tort Trial & Insurance Practice Law Journal Fall 2016 (52:1)
- Speaker, “Case Law and Regulatory Update: Washington State,” The Seminar Group Comprehensive Insurance Law Summit (2016)
- Co-Speaker & Author, “Change is in the Air: Recent Changes in the Federal Rules of Civil Procedure,” Western States Surety Conference (2016)
- Co-Speaker & Author, “Japanese Tsunami and Contingent Business Interruption Losses,” American Bar Association (ABA) Tort Trial and Insurance Practice Section (TIPS) Property Insurance Law Committee Annual Spring CLE Meeting (2016)
- Speaker, “Case Law and Regulatory Update: Washington State,” The Seminar Group Comprehensive Insurance Law Conference (2015)
- Co-Speaker, “Intermodal Transportation and Risks,” Marine Insurance Association of Seattle (MIAS) Day of Education (2015)
- Speaker, “Case Law and Regulatory Update: Washington State” The Seminar Group Comprehensive Insurance Law Conference (2014)
- Co-Speaker, “Words Matter: Drafting and Interpreting Insurance Policies,” Association of Marine Underwriters of San Francisco (2014)
- Co-Author, “Binding Arbitration Clauses No Longer Bind Policyholders in Washington,” American Bar Association (ABA) Tort Trial and Insurance Practice Section (TIPS), Alternative Dispute Resolution Committee Newsletter (2013)
- Co-Speaker, “Introduction to Extra-Contractual Insurance Claims in Washington State,” Western States Surety Conference (2013)
- Co-Author, “Fringe Science Put to the Test in ‘Collapse’ Case,” King County Bar Association, Bar Bulletin (2013)
- Chapter Author, “Professional Liability Insurance: A Compendium of State Law,” Defense Research Institute (DRI) (2012)
- Co-Speaker, “Surety Law Updates – Western States (Except California),” Western States Surety Conference (2012)
- Selected for inclusion in Washington Super Lawyers (2022 — Insurance Coverage)
- Named as a “Rising Star” in Washington Super Lawyers (2015-2020 — Insurance Coverage)
- Recipient of the United States Army’s Bronze Star Medal, Meritorious Service Medal, and Army Commendation Medal
FAMILY OUTINGS WITH THREE YOUNG SONS
Dan is a Northwest native and lifelong fan of the Huskies, Seahawks, and Mariners. His dad was a helicopter pilot in the Army and Vietnam veteran who later worked at Boeing for over 41 years. Dan grew up in Everett with his parents and his older brother. And both Dan and his brother returned to Washington after completing their service in the military. He now spends time with his own family. Most of the time, Dan and his wife are chasing their three boys who require a lot of attention since they are all under the age of six. They enjoy going to parks, riding bikes, and wrestling.
