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Todd
C. Hayes
Member
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 Todd
Hayes represents contractors, property owners, developers, and
business owners, with an emphasis on insurance coverage and construction
defect litigation. He has handled cases regarding all categories
of insurance, including directors & officers, commercial
general liability (“CGL”), builder’s risk, professional liability,
and property insurance. Todd has secured millions of dollars
in settlements, and tried numerous cases to both juries and the
court. He recently obtained a six-figure award under the
Consumer Protection Act – believed to be the largest CPA award
in Washington against a single insurer.
Todd frequently lectures on insurance coverage and construction
defect law, and has repeatedly been named to the “Super Lawyers”
list in Washington Law & Politics
Magazine. Listed among the “Who’s Who in Washington Appellate Law,” he
has argued before the Washington Court of Appeals, the Washington Supreme Court,
and the Ninth Circuit Court of Appeals. His appellate decisions include Panorama
Village Condominium Owners Ass’n Board of Directors v. Allstate Ins. Co.,
144 Wn.2d 130, 26 P.3d (2001), J.D. Tan, L.L.C. v. Summers, 107 Wn.
App. 266, 26 P.3d 1006 (2001), and DeWitt Constr. Inc. v. Charter Oak Fire
Ins. Co., 307 F.3d 1127 (9th Cir. 2002).
Todd earned his B.A. degree in business administration from the
University of Washington and his J.D. degree from the University
of California, Hastings College of the Law. Following law
school, Todd was a law clerk to The Honorable Gerry L. Alexander,
Chief Justice of the Washington Supreme Court.
Areas
of Practice
Insurance coverage law
Construction defect law
Appellate law
Condominium law
Education
University of California, Hastings College of the Law, J.D., 1996
University of Washington, B.A. in Business Administration, 1990
Admitted to Practice
Washington State & Federal Courts
Activities
& Awards
2011 - Selected for inclusion in Washington Super Lawyers
2010 - Selected for inclusion in Washington Law & Politics - Super
Lawyers Edition
2009 - Selected for inclusion in Washington Law & Politics - Super
Lawyers Edition
“2008 Who’s Who in Appellate Law” – Washington Law & Politics
2008 - Selected for inclusion in Washington Law & Politics - Super
Lawyers Edition
2007 - Selected for inclusion in Washington Law & Politics - Super
Lawyers Edition
2006 - Selected for inclusion in Washington Law & Politics - Rising
Star Edition
2005 - Selected for inclusion in Washington Law & Politics - Rising
Star Edition
2004 - Selected for inclusion in Washington Law & Politics - Rising
Star Edition
Editorial Board Member, Insurance Litigation Reporter
Member, Washington State Bar Association
Representative Cases
• In a state court appeal, obtained the reinstatement of a $7.5 million judgment in client's favor against a large insurance company. The insurer subsequently settled the claims against it for $6 million.
• Successfully tried claim against liability insurer, establishing coverage
under contractor’s CGL policy for construction defects and resulting property
damage.
• Seven-figure settlement in environmental coverage claim under policy characterized
by insurer as containing “absolute pollution exclusion.”
• Obtained ruling establishing coverage for “water damage” under property insurance
policies sold to condominium association during late 1980s and early 1990s.
Secured key summary judgment ruling for apartment owner, establishing coverage
as assignee under property insurance policy sold to building’s former owner.
• Represented commercial property owner in successful appeal establishing insurance
coverage for “collapse” caused by “faulty construction” (Seaman v. Truck).
• Secured over $2.4 million in settlements on behalf of former directors and
officers in Federal Court lawsuit and related arbitration – issues included scope
of “insured v. insured” and “illegal benefits” exclusions and liability insurer’s
ability to segregate settlement between covered and allegedly uncovered claims.
• In Ninth Circuit appeal, established liability insurance coverage for drilling
subcontractor arising out of lawsuit over damage to work of other subcontractors
and resulting delay damages incurred by general contractor.
• Successfully tried construction defect and insurance bad faith case on behalf
of condominium owners association, resulting in $4 million-plus arbitration
award and $260,000 award under Washington “Consumer Protection Act.”
• Successfully represented residential homeowner in construction defect lawsuit
against builder, design professional, property insurer, and liability insurer
(as assignee of contractor); secured over $2 million in settlements after
litigating issues regarding effect of bankruptcy stay and scope of general
liability insurer’s coverage for “continuing loss.”
• Represented former judgment debtor in successful appeal regarding ability
of judgment creditor’s assignee to obtain extension of judgment.
• Secured coverage for directors and officers of charitable organization under
directors & officers non-profit liability insurance policy – issues included
timing of “claim” and scope of multiple exclusions.
• Obtained multiple settlements totaling mid-seven figures in representation
of property owners against developer and as assignee of contractor.
• Represented general contractor in dispute against “Insurance Guaranty Association,”
including prosecution of successful summary judgment motion regarding “exhaustion”
of other coverage.
• Successfully represented condominium homeowners association in lawsuit against
first-party property insurer over coverage for “collapse” caused by “hidden
decay.” Issues included scope of “known loss” rule and ability of policyholder
to recover non-attorney’s fee damages in suit against insurer.
• Successfully tried case on behalf of lender seeking “equitable
lien” against property subject to unenforceable deed of trust.
Presentations
“Insurance in the Construction Industry,”
Seattle, WA, October 2009
“Condominiums, Townhouses, & Apartments: Insurance Products & Issues,”
Seattle, WA, August 2009
“The Liability of the Corporate Executive: Risk Management Strategies & Solutions,”
Seattle, WA,
May 2009
“Bad Faith in Construction Defect Litigation,” Seattle, WA, July 2006
“Condominiums – Opportunities & Pitfalls/Construction Defect Litigation,”
Seattle, WA, June 2006
“Associated General Contractors’ Moisture & Construction – Legal and Insurance
Issues,’” Seattle, WA, April 2006
“Fundamentals of Liability Insurance,” Seattle, WA, November 2003
“Associated General Contractors’ Construction Insurance Boot Camp,” May 2003 |
