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Serving Eastern Washington and North Idaho since 1959

Brad E. Smith

  • Insurance Coverage and Defense
  • Commercial Litigation
Brad is a 1986 graduate of the University of Washington School of Law. He joined the firm in 1991 after five years of practice in Seattle and Olympia. His practice encompasses all areas of civil law suits and disputes with emphasis on insurance coverage and defense, bad faith law suits, construction defect disputes and trials, and commercial and residential leases.

Brad was formerly a business lobbyist in Olympia, and remains actively involved in legislative matters through the Washington State Bar Association and local Chamber of Commerce. He has been a board member of the Washington Defense Trial Lawyers Association for the last three years. He has been certified through the National Association of Fire Investigators, and works with professional fire investigators in insurance/arson disputes and trials. Brad is a member of the Washington and Idaho Bar Associations, as well as the Washington Western/Eastern Districts of the U.S. Federal Court, and the Ninth Circuit.

Brad has been happily married to his wife Carol Ann for over twenty years. They have three sons, two currently in college, and the youngest in high school. He is active in the Boy Scouts, loves camping and hiking in the beautiful Inland Northwest, and still pretends that his golf game has not suffered since his days as a single man.

Articles

Brad E. Smith
June 25th, 2014

New Federal Post-Cedell Decision Provides Relief From Production of Attorney/Client and Work Product Information in Claim File

On May 27, 2014, Judge Robart of the U.S. District Court, WD Washington at Seattle, entered an important decision in the case of MKB Contractors v. American Zurich.  The Court’s ruling related ... more

Brad E. Smith
April 2nd, 2014

Division I Addresses IFCA and PIP Income Continuation Benefits

In Ainsworth v. Progressive Casualty (No. 69433‑2‑1, Unpublished Opinion filed 2/10/14, Order to Publish entered 3/14/14), Division 1 of the Court of Appeals became the first appellate court to ... more

Brad E. Smith
November 26th, 2013

Division II Affirms Admission of Alan Tencer Testimony

The Washington State Court of Appeals Division II recently published an opinion in the case of Johnston-Sorbes v. Matsunaha (filed 10/29/13, Docket #43078‑9‑II).  Division II affirms the trial ... more

Brad E. Smith
May 9th, 2013

Idaho Supreme Court Rules Attorney Fees Covered By Insurance Even Absent Covered Damages

EMPLOYERS MUTUAL CASUALTY CO. v. DONNELLY – Supreme Court finds attorney fees assessed against insured payable under policy even though claim not covered. Employers Mutual Casualty Company v. ... more

Brad E. Smith
March 8th, 2013

CEDELL V. FARMERS–Washington Supreme Court Limits Attorney/Client Privilege in First-Party Insurance Bad-Faith Litigation

I.Overview In Cedell v. Farmers, the Supreme Court addressed the attorney-client privilege in the context of bad faith claims. The narrowly decided (5-4) case establishes a presumption that the ... more

Brad E. Smith
January 16th, 2013

Division I Excludes Testimony of Biomechanical Expert Dr. Allan Tencer

Stedman v Cooper, ____ Wn. App. ____, (Div.I)August,2012 On August 13, 2012, Division I of Washington State’s Court of Appeals upheld a trial court’s exclusion of the testimony of ... more

Brad E. Smith
August 22nd, 2012

9th Circuit Clarifies Equitable Reimbursement Rights Under ERISA Actions

The U.S. Court of Appeals for the 9th Circuit, on June 20, 2012, announced its  holding in CGI Technologies v. Rose, _____ F.3d _____ (2012), which should be required reading for any attorney ... more

Brad E. Smith
July 30th, 2010

INSURANCE LAW—-Idaho Supreme Court Addresses an Insurer’s Duty to Pay UM (Uninsured Motorist) Medical Benefits Prior to Final Settlement In Weinstein v. Prudential Property

Insurers who have a policy of not paying UM (uninsured motorist) or UIM(underinsured motorist) medical benefits until the case is ready for final settlement would be advised to review their practices ... more

Brad E. Smith
July 30th, 2010

INSURANCE LAW——Idaho Supreme Court Addresses Scope of “Resident of Same Household” in Farm Bureau v. Kinsey

In Farm Bureau v. Kinsey, 10.15 ISCR 1 (filed 7/7/10), the Idaho Supreme Court addressed the scope of activity that would allow an individual to fall within the common policy language for who would ... more

Brad E. Smith
February 5th, 2010

Idaho Supreme Court Overrules Emery – Attorneys Fees No Longer Awarded In Insurance Arbitration Proceedings

On February 1, 2010, the Idaho Supreme Court overruled a twenty year precedent interpreting IC 41-1839 (which mandates awards of attorneys fees in “civil actions” involving insurance coverage ... more

Brad E. Smith
September 18th, 2009

WASHINGTON SUPREME COURT EXPANDS WRONGFUL DEATH ACTION BENEFICIARIES

On September 10, 2009, the Washington Supreme Court handed down the case of Armantrout v. Carlson. In that case, the Supreme Court clarified/expanded the class of beneficiaries who can bring a ... more

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