RESOLVING INSURANCE COVERAGE LITIGATION WITH A HONED BUSINESS LENS
Jackie Mitchson’s practice focuses on litigation and appellate work in state and federal courts with an emphasis on complex litigation, including insurance coverage disputes. With experience with jury and bench trials and oral arguments in front of the Oregon Court of Appeals and Oregon Supreme Court under her belt, she brings value by looking deeply at what would realistically help resolve the issue between the insurance carrier and policyholder. She also provides coverage advice and writes coverage opinions when clients have questions about novel coverage issues.
With a business background, Jackie understands accounting, the balance sheet, and the factors that affect her clients’ decision-making. She looks at not only the policy and the law but other underlying business factors to resolve an issue and avoid litigation in the first place. Clients appreciate that she is thorough, anticipates what they need to be successful, and takes a holistic view to come up with a unique resolution and outcome that satisfies everyone involved.
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Prior to joining Bullivant, Jackie was a Judicial Clerk for Judge Charles D. Carlson of the Lane County Circuit Court where she conducted research and wrote memoranda on issues on the civil motions docket. She drafted orders, opinions, and judgments in civil and domestic relations cases. In business and public affairs, she has worked for municipalities and private management.
Jackie’s law school experience included work with several organizations at the University of Oregon, including the managing board of the Journal of Environmental Law and Litigation, Vice President of Marketing of Green Business Initiative Student Association, and membership on the School of Law Diversity Committee.
PRACTICE AREAS
ADMISSIONS
Bar Admissions
- Oregon, 2014
Court Admissions
- U.S. District Court, District of Oregon
- U.S. Court of Appeals, Ninth Circuit
EDUCATION
- University of Oregon, School of Law – J.D., 2014
- Washington State University – B.A., Business Administration, cum laude; B.A., Political Science, cum laude 2011
CLIENT WINS
- Represented insurer before the Oregon Court of Appeals in insured’s challenge of attorney fee award that trial court entered in favor of insurer after trial court dismissed the case under Anti-SLAPP statute. The Oregon Court of Appeals affirmed without opinion.
- Drafted motion to strike that resulted in exclusion of insured’s “wood decay expert” in first-party insurance coverage case related to wind-driven rain. Obtained summary judgment in favor of insurer, finding no “collapse” as defined in the policy.
- Defended commercial liability insurance company’s denial of coverage in garnishment proceeding. Obtained defense verdict following a two day bench trial.
- Successfully defended health insurer’s denial of coverage for surgical procedure due to the policyholder’s failure to pay premium. The court dismissed the case on summary judgment.
- Defended auto insurer in mandatory arbitration to determine whether the insurer properly determined the policyholder was no longer entitled to receive personal injury protection benefits after its expert determined she had fully recovered from the auto accident. Received defense verdict after arbitration hearing.
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- Defended auto insurer in federal court. Received a judgment from the court dismissing the case with prejudice after filing a motion to dismiss for lack of personal jurisdiction and lack of subject matter jurisdiction. The Ninth Circuit affirmed the trial court’s ruling.
- Defended insurer that provided coverage for employee embezzlement for one policy period but denied coverage for employee embezzlement that continued through consecutive policy periods. Successfully argued on summary judgment that the policy’s “prior insurance” provision limited the number of policy periods implicated by the employee’s long-term embezzlement. The Oregon Court of Appeals upheld the trial court’s grant of summary judgment.
- Oregon Association of Defense Counsel, Feature Articles co-editor for The Verdict (2024-present), Coverage Practice Group Chair (2020-2021), member (2018-present)
- Oregon State Bar House of Delegates, elected delegate (2018-2020)
- Oregon Lawyers Against Hunger, Board Member (2021-present), Bullivant team captain (2017-present)
- University of Oregon School of Law, law student mentor (2021-present)
- Campaign for Equal Justice, Member of the associate’s committee (2017-2021)
- Adopt One Block, volunteer (2021-present)
- Legal Aid Services of Oregon, Volunteer Attorney, Roseburg Office, (2015)
- FOOD for Lane County, Volunteer, Food Rescue Express Volunteer, (2015)
- Oregon Food Bank Food Repack Volunteer (2014)
- Co-Presenter, “Bad Faith is Here to Stay Moody v. Oregon Community Credit Union and the New Reality of Oregon Insurance Law,” Oregon Association of Defense Counsel, January 2024
- Author, “Hitting the Nail on the Head: How to Generate Work Product that Meets Expectations,” Oregon Association of Defense Counsel’s The Verdict, 2023, Issue 4
- Co-Speaker, “Motions Practice,” May 2023
- Co-Speaker, “Dispositive Motions Practice,” July 2022
- Co-Speaker, “Advising Clients on Handling COVID-19 Business Interruption Claims,” Oregon Association of Defense Counsel, May 2020
- Author, Oregon State Bar Book “Insurance Law,” Chapter 1, Elements of an Insurance Policy, published 2020
- Speaker, “Now I Get It: Understanding Insured Contracts under a CGL,” Society of Claim Law Associates Claim Education Conference, May 2019
- Speaker, Oregon Association of Defense Counsel 2018 Annual Convention, Technology in Practice Lightening Round – Admissibility of Social Media Evidence under the Federal Rules
- The Law of Life Insurance: Key Issues in Each State, co-author of Oregon chapter with Katherine S. Somervell, published 2017
- Selected for inclusion in The Best Lawyers in America: Ones to Watch (2021-2024 — Insurance Law)
- Named as a “Rising Star” in Oregon Super Lawyers (2022-2023 — Insurance Coverage)
EXPLORING CULTURE THROUGH FOOD
Jackie grew up in the kitchen with her mom where she developed a love for cooking and learning about how other cultures eat and dine together. Studying hospitality and hotel management overseas at the Cesar Ritz Colleges in Switzerland gave her an even broader perspective.
She has kept those interests alive, hosting dinner parties, gardening, and, as time allows, mastering sourdough bread baking. Nowadays when Jackie picks up a cookbook, she sees new recipes as a way to travel around the world and hopes to pass that on to her two young daughters.
Jackie’s love of food has crossed over into community service. She has volunteered with Oregon Food Bank and the Food for Lane County. She also currently serves on the board of Oregon Lawyers Against Hunger, which raises funds for the Oregon Food Bank.
