Dale Kingman is a nationally recognized insurance recovery lawyer who focuses his practice on the resolution of complex insurance coverage disputes on behalf of policyholders. Known for his experience and familiarity with property insurance throughout the United States, Dale has been retained by large real estate owners and developers, international construction companies, multi-national and multi-state hospitality companies, transportation enterprises, and agricultural interests, among other clients. In addition, he handles select commercial disputes, especially within the construction industry.

Dale has been a litigator for 45 years and has tried in state and federal court or arbitrated, more than 45 matters in Washington, Oregon, California, Alaska, Florida, and the District of Columbia. Because of his nationally recognized knowledge of property insurance, including “All Risk,” Builder’s Risk, Commercial Crime and Cyber Risk, and Product Recall/Contamination, Dale has been retained for matters in 35 states and the District of Columbia.

Dale is a Fellow of the American College of Coverage Counsel, was named the 2016 Insurance Lawyer of the Year by Best Lawyers in America, and the 2023 Lawyer of the Year in Mediation in Seattle. Dale has been recognized by Super Lawyer Magazine since 2003 and Top 100 since 2010. He is a frequent speaker at local and national insurance seminars and has written and presented dozens of articles and papers pertaining to insurance recovery issues.

Dale also is an accomplished and sought-after mediator and has served as a mediator in more than 1,500 cases over the past 25 years. His experience includes resolution of disputes relating to insurance coverage, intellectual property, product liability, real property, commercial interests, and construction defect and contract claims. He is a panel member of the American Arbitration Association.

REPRESENTATIVE MATTERS

INSURANCE RECOVERY

Agriculture and Food Products:

  • Represent multiple companies and co-ops involved in the processing, storage and sale of fruit and produce including:
    • Litigated on behalf of several  Controlled Atmosphere (CA) facilities and companies engaged in vegetable production, processing and storage, with successful recoveries;
    • Represented large CA facility on insurance claim following devastating $100M fire loss
    • Successfully represented and achieved significant recoveries for several CA facilities with ammonia damaged fruit;
    • Represented numerous fruit growers with Crop Insurance claims;
  • Successfully represented snack product producer following damage to processing facility in a case which settled after four months of litigation;

Construction: 

  • Successfully represented Canadian general contractor for defense and indemnity recoveries along with payments from subcontractor on international airport claim;
  • Secured defense and indemnity for General contractor involved in  dispute with owner of high rise hotel;
  •  Negotiated successful Builder’s Risk recovery for international general contractor after destructive fire loss of large apartment complex during course of construction;
  • Secured significant Builder’s Risk payment for damage claim at Pike Place Market;
  • Represent general contractor for the Seattle Tunnel project in both trial and appellate courts;
  • Negotiated coverage for developer from multiple contractors following crane collapse and wrongful death claims arising out of building construction;
  • Secured defense and multi-million indemnity for mechanical subcontractor on high rise condominium matter;

Cyber Claims

  • Accomplished significant recovery for world renowned Actuarial and Financial services firm following social engineering loss;
  • Secured defense and indemnity for international software company whose operating software program designed for a cattle feed operatoin was alleged to have failed

Hospitality and Habitation

  • Represented multiple full service and limited service hotels in Texas, Louisiana, Mississippi, Alabama and Florida which suffered severe property and business interruption damage and losses from Hurricanes in 2004 and 2005,resulting in recoveries of more than $150M
  • Represented international Hotelier in insurance dispute over defense and indemnity for alleged tortious interference claim;
  • Successfully achieved a multi-million insurance recovery for international hotelier under its management contract following hurricane loss and closure of the hotel;
  • Secured replacement cost of a new garage when the earlier one collapsed;
  • Successfully litigated the cost of repair of a hotel suffering subsidence and potential catastrophic loss along the Columbia River;
  • Represented owner of 25 story apartment building damaged beyond repair with both liability and property claims resulting in significant recoveries;
  • Litigated and prevailed on behalf of a Florida Condominium Association, the cost of repair of the Condo as a result of Hurricane damage which had been rejected by the insurer and resulted in policy limit recovery;

Marine

  • Represented for over 30 years the insurance fund for Marine Chemists in the United States;
  • Convinced Lloyds of London an ocean going fish processing vessel was the replacement equivalent of a fire destroyed shore based processing facility;
  • Represented a shore based fish processing facility following its destruction by fire, successfully recovering funds for a complete rebuild;

Non-Profit

  • Coverage counsel for  the Washington State Bar Association with its insurance related issues, claims and recoveries;
  • Represent prominent university regarding insurance claims and recoveries, including claims relating to employment, abuse, negligence and student activities;
  • Successfully concluded litigation on behalf of an  Alaska Native Corporation which suffered Earthquake damage to its main office facility for which the insurer contested both coverage and amount;

Professional Liability

  • Negotiated favorable defense and indemnity for law firm accused of malpractice
  • Represented numerous attorneys and law firms to secure defense and indemnity for malpractice claims;
  • Represent one of world’s most prominent engineering firms on liability claims arising from allegations of negligence in design;
  • Recovered multi-million dollar bad faith judgment and attorney fees on behalf of investment advisor wrongly denied a defense and indemnity;

Real Estate and Development

  • Represent one of Seattle’s largest  commercial developers to secure recoveries on a myriad of Office, Condominium and apartment projects;
  • Represented real estate trust fund with insurance claims throughout the United States, resulting in significant insurance recoveries for development projects involving both property and liability claims;
  • Recovered  full replacement cost of  defectively designed and constructed grain silos in Montana,

COMMERCIAL AND CONSTRUCTION

  • Obtained jury verdict for more than requested against Security company following destruction of manufacturing facility by fire;
  • Favorably settled litigated case of  remote Alaska general store destroyed by fire;
  • Following three month trial, obtained significant recovery for developer of office building in Washington DC
  • Along with other counsel, obtained multi-million dollar subrogation recoveries following devastating MGM Grand hotel fire;

ALTERNATIVE DISPUTE RESOLUTION

  • Serve as Arbitrator with the American Arbitration Association for Commercial and Construction Disputes
  • Have served as mediator in Washington, Oregon, Alaska and other jurisdictions since 1995 in matters involving insurance, construction, products liability, employment, commercial disputes, intellectual property,

PROFESSIONAL & CIVIC INVOLVEMENT

  • Member, Committee for Construction of Seattle University School of Law, 1997-1999
  • Seattle University School of Law, Law Alumni Board, 1999-2006
  • Mercer Island Boys and Girls Club, coach, baseball, basketball, soccer (1989-1997
  • Mercer  Island Boy Scouts,( Assistant Scoutmaster) 1996-1999)
  • Endowed (with wife, Graciela)  Scholarship at Gonzaga University for Students from Eastern Washington, 2015

PUBLICATIONS & PRESENTATIONS

Publications

  • Numerous monographs and articles on insurance-related topics, including “First Party Property Policies & Pollution Coverage,” 28 Gonzaga Law Review 449 (1993). Representative other papers and presentations include:
  • Anatomy of a Consent Settlement in Washington, with Stephanie Andersen,
  • The Seminar Group, 2019
  • “Insurance in the Construction Industry” Annual Seminar:
    • Builder’s Risk Insurance, 2008
    • Commercial Property Insurance 101, 2009
    • Most Often Litigated Builder’s Risk Issues, 2010
    • Builder’s Risk Insurance – Vision Quest – Pursuing the “Ensuing Loss,” 2011
    • Business Interruption Insurance 101, 2012
    • Selected Issues with Builder’s Risk Insurance, 2017
  • “Finding Insurance Coverage When the Employment Relationship Goes Wrong”,
  • The Seminar Group, 2014
  • “Insurance for Data Breach and Cyber Liability”, The Seminar Group,  2016
  • “Insurance for Cyber, Social Engineering and Professional Liability Risks”, The Seminar
  • Group, 2018
  • Large and Complex Property Claims Resolution, Hospitality Law Conference, Univ. of
  • Houston School of Law, 2010
  • The Claims Process, Hospitality Law Conference, Univ. of Houston School of Law,2009
  • The Insurance Market Update Including Catastrophe Coverage Issues, Hospitality Law
  • Conference, University of Houston School of Law, 2008
  • The Insurance Side of Condo Hotels, Hospitality Law Conference,
  • University of Houston School of Law, 2006
  • The Insurance Process, Hospitality Law Conference, University of Houston School
  • Of Law, 2004
  • Insurance Coverage for Catastrophic Losses, 12th Annual Lodging Conference-Phoenix
  • Arizona, 2006
  • Condo Hotel Unit Owner Insurance Coverages, Las Vegas Symposium, 2006
  • Ideas for Making Mediation More Effective, WSBA Section on Construction, with Douglas S. Oles, May 2002
  • Washington Condominium Act & Construction Defect Claims, A Primer, with John Gibson, 2001
  • “Contractual Time Limits: Does An Insurer Have A Duty To Notify Policyholder Of Its Expiration?,”  FDCC Property Insurance Newsletter, Winter 2000
  • “Principles of Causation and Trigger of Coverage,” FDCC Property Insurance Newsletter, Fall 1999

Presentations

Numerous lectures on insurance coverage issues before legal, insurance and broker groups throughout the United States, including:

  • Insurance in Construction Industry, Annual Seminars
    • Builders Risk Insurance, 2008
    • Commercial Property Insurance 101, 2009
    • Most Often Litigated Builder’s Risk Issues, 2010
    • Builder’s Risk Insurance-Pursuing the ‘Ensuing Loss’, 2011
    • Business Interruption Insurance 101, 2012
    • Selected Issues with Builder’s Risk Insurance ,2017
  • GTTC Insurance Recovery Seminar, Handling a Large Property Loss Claim, 2021
  • GTTC Insurance Recovery Seminar, Developments to Watch in WA and Beyond, 2020
  • GTTC Insurance Recovery Seminar, Traps and Pitfalls that can Vitiate Coverage, 2019
  • GTTC Insurance Recovery Seminar, Update: Seattle Tunnel Coverage Litigation, 2019
  • The Seminar Group:
    • Finding Insurance Coverage When the Employment Relationship goes Wrong, 2014
    • Insurance for Data Breach and Cyber Liability, 2019
    • Insurance for Cyber, Social Engineering and Professional Liability Risk, 2018
    • Anatomy of a Consent Settlement in Washington, 2019

Insurance Coverage for Employment-Related Claims, 2014

  • Commercial Property Insurance 101, Annual Construction Law Midyear Meeting & Seminar, June 2012 
  • Large and Complex Property Claims Resolution, Hospitality Law Conference – University of Houston School of Law, February 2010 
  • The Claims Process, Hospitality Law Conference – University of Houston School of Law, February 2009 
  • The Insurance Market Update Including Catastrophe Coverage Issues, Hospitality Law Conference – University of Houston School of Law, February 2008 
  • Insurance Coverage for Catastrophic Losses, 12th Annual Lodging Conference – Phoenix, Arizona, 2006
  • Condo Hotel Unit Owner Insurance Coverages, Las Vegas Symposium, November 2006 
  • The Insurance Side of Condo Hotels, Hospitality Law Conference – University of Houston School of Law, February 2006 
  • The Insurance Process, Hospitality Law Conference – University of Houston School of Law, January 2004 
  • Coverage Update: Third-Party Claims, Continuing Legal Education, Washington State Defense Trial Lawyers Seminar, Construction Defect Claims, September 2002