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Brad J. Moore

Brad J. Moore
Know thy self, know thy enemy. A thousand battles, a thousand victories. Sun Tzu

As a partner in the Seattle offices of Stritmatter Kessler, Brad’s practice focuses on nursing home liability, products liability, aviation injuries, class actions and insurance litigation. His insurance work involves pursuing Coverage, Bad Faith, and Consumer Protection Act claims on behalf of policyholders and insureds

Brad has tried to verdict or judgment over 75 cases and settled hundreds more. As reported in Washington Law and Politics, Brad’s peers have voted him a “Super Lawyer” each of the past 14 years. He has presented at over 30 legal seminars and written numerous articles and papers on law-related issues over the years. He has twice chaired the Washington State Trial Lawyer Associations Insurance Law section.

Outside the office, Brad currently serves on the Board of Directors for the Public Justice Foundation, the nation’s preeminent public interest law firm, and also acts as Public Justice’s President and state coordinator. He has also presided over more than 30 arbitrations in King, Pierce, Snohomish and Thurston counties.

Education

  • Seattle University, J.D., cum laude, 1992
  • University of Washington, B.A., Philosophy, 1988

Outside the Office

Brad enjoys spending time with his wife, Suwalee, and their daughters, Arita and Aleeya. He is an avid golfer. The lifelong Seattle resident often travels overseas, and calls Thailand his favorite destination.

Awards & Achievements

  • Chapter Author: Washington Civil Procedure Deskbook, Washington State Bar Association, 1992, 1997 update
  • Super Lawyer, Washington Law & Politics Magazine
  • Best Oralist in the Fred Tausend Moot Court Competition Member of both the National Moot Court Team and the National Mock Trial Team Warren Peterson Advocacy Award,1992

Memberships

  • President, Public Justice Foundation
  • Board of Directors and Washington State Coordinator, Public Justice Foundation
  • Washington State Association for Justice (Chair, Insurance Law Section, 1997-1998, 2003-2004)
  • American Association for Justice
  • Washington State Bar Association
  • American Board of Trial Advocates

Court Admissions

  • United States Supreme Court
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Western District of Washington
  • U.S. District Court, Eastern District of Washington
  • All Washington State Superior Courts
  • Washington State Bar

Presentations

  • The Luvera Seminar, Washington State Trial Lawyers Association (“WSTLA”) Annual Convention, Vancouver, Canada, 2008**
  • “Cross Examination of the Defense Accident Reconstructionist”, Western Trial Lawyers Association, Sun Valley, Idaho, 2008
  • “Cross Examining the Defense Accident Reconstructionist”, WSTLA, Prague, Czech Republic, 2007
  • “Handling the Traumatic Brain Injury Case, Powerful Demonstrative Evidence”, Brain Injury Association of Washington, 2006
  • “Preparing Compelling Illustrative Exhibits in Brain Injury Cases”, WSTLA, 2006
  • “Subrogation, Rights of Reimbursement, Liens and ERISA: A Case Discussion”, Washington State Bar Association, 2004
  • “Preparing Effective Settlement Materials in Brain Injury Cases”, WSTLA, 2003
  • “Medicine You Can Really Use”, WSTLA, 2003
  • Annual Insurance Law Seminar, WSTLA, 2003
  • “Jury Selection, Motions Practice, Powerful Openings, Presentation of Evidence”, Personal Injury Litigation for Washington Attorneys, National Business Institute, 2003
  • “Brain Injuries: Understanding & Developing the Claim for Damages”, WSTLA, 2003
  • “The Basics of Insurance Bad Faith Law in Washington State”, Oregon Trial Lawyers Association, Portland, OR, 2002
  • “Holding Product Sellers Liable When the Manufacturer Is Insolvent or Judgment Proof”, The Luvera Seminar, WSTLA Annual Convention, 2002
  • “Recovery and Remedies in Insurance Bad Faith Litigation”, WSTLA, 2001
  • “Preparing Effective Settlement Media”, WSTLA, Paris, France, 2001
  • “Preparing Effective Demonstrative Exhibits”, WSTLA, 2001
  • “Recovery and Remedies in Insurance Bad Faith Litigation”, WSTLA, 2001
  • Annual Insurance Law Seminar, WSTLA, Spokane, WA, 2001
  • Seattle University Moot Court Board Seminar, 2000

Some of Brad's Cases

Sitton v. State Farm Mut. Auto. Ins. Co.

(2003) Insureds of State Farm brought a class action against State Farm to recover for breach of contract and fiduciary duty, bad faith, violation of the Consumer Protection Act, and unjust enrichment by denying or limiting claims for personal injury protection (PIP) benefits after medical utilization review. The trial court certified the class and bifurcated trial. Discretionary review was granted by the Court of Appeals. The Court of Appeals held that: (1) the class action was properly certified on the ground that common questions of fact or law predominated, and a class action was superior; (2) the plan for bifurcated trial violated due process by allowing the jury to make a damages award without requiring individual claimants to establish causation and damages or providing the insurer the opportunity to show a reasonable justification for denying individual claims; and (3) bifurcated trial would not violate insurer’s right to a jury trial.

Insurance Company v. Doe

(2004) Our firm pursued an appeal involving the cancellation of insurance policies by a hospital and its insurer after our client had passed away from medical negligence after surgery. The hospital went bankrupt and we challenged the right of the hospital and insurers to cancel its policies under a state law that prohibits a retroactive annulment of the polices after an occurrence, including a death. The lower court had ruled that the cancellations were valid because a claim on the policy was not filed until after it was cancelled. The Washington Supreme Court held that the state law made null and void and such cancellation of the policy after a death irrespective of when the claim was filed.

McCallum v. Allstate Property and Cas. Ins. Co.

(2009)  The plaintiff filed a bad faith action against her insurer, Allstate, alleging violations of the Consumer Protection Act (CPA) based on Allstate’s handling of her uninsured motorist claim.  During the course of the lawsuit, the plaintiff filed a motion to compel production of certain documents from Allstate. Allstate filed a motion for a protective order to prevent the plaintiff from disclosing the documents. The trial judge initially granted a conditional protective order but later vacated the protective order. Allstate then requested review by the Court of Appeals.  The Court of Appeals held that: (1) Allstate failed to show that its claim manuals, claim bulletins, and training manual were trade secrets subject to protective sealing by the court; and (2) the trial court’s decision to vacate the protective order was justified.

Confidential v. Insurance Company and Law Firm

(January 2014) Confidential settlement for $1.9 million, for an insurance company’s bad faith refusal to settle a claim, forcing its insured through a public jury trial resulting in a huge excess verdict against him and significant negative publicity that essentially ended his oral surgery practice.

Confidential v. Confidential

(August 2013), $3.2 million settlement for a seaman who lost four fingers on a fish processing ship when a defective fish pan shaping machine unexpectedly slammed down on his hand.