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Greg D. Pendleton

Greg D. Pendleton

Partner


Greg Pendleton is an accomplished insurance recovery and business lawyer. He negotiates and litigates disputes over coverage for professional errors and omissions, property damage, bodily injuries, construction defects, data breaches, director and officer liabilities, employment disputes, environmental contamination, maritime claims, and securities fraud. Greg also handles first-party coverage matters such as product recall and contamination, food spoilage, business income loss, stock throughput, marine cargo, and wind, flood, or fire damage. Greg is a leader in the rapidly evolving field of insurance for cyber losses and liabilities, including social engineering.

In his general commercial practice, Greg represents businesses in contract, tort, and governance disputes. He also maintains a healthcare practice, advising physicians and other healthcare professionals involved in licensing investigations. Greg’s clients appreciate his calm and practical approach to their business and professional problems.

After graduating from law school in 2006, Greg held a John A. Knauss Marine Policy Fellowship in the Office of the Undersecretary of Commerce in Washington, D.C. Before joining GTTC, he practiced at law firms in Boston and Seattle.

 

Toogle Accordion State

Professional Experience

Representative Matters

Tunnel boring machine breaks down, insurers refusing to pay

The $3.1 billion Seattle tunnel was designed to replace the downtown Alaskan Way Viaduct after it was damaged in a 2001 earthquake. The “Bertha” tunnel-boring machine sustained physical damage far beneath the surface, and a recovery shaft was drilled so that it could be repaired. A consortium of insurance companies denied coverage to Seattle Tunnel Partners’ (STP) claims under a Builder’s Risk Policy. STP, the contractor building the SR 99 Alaskan Way Viaduct Replacement Project in Seattle, is seeking coverage from its property insurers for damage to the project and the tunnel-boring machine. In 2015, STP filed a lawsuit seeking recovery of policy proceeds. Along with co-counsel, GTTC lawyers Dale Kingman, Matthew Pierce and Greg Pendleton represent STP in this ongoing massive insurance recovery case. Dale represented STP in a vigorous court battle over where the insurance dispute was to be decided. Over months of litigation, he helped STP’s litigation team defeat the insurers’ numerous attempts – at both the Superior Court and appellate levels – to move the dispute to New York. The case will now be decided locally, in the community the project serves.

 

Long-tail coverage counsel to Weyerhaeuser Company

For nearly 30 years, GTTC’s lawyers have served as coverage counsel to iconic Northwest business Weyerhaeuser Company. Greg Pendleton, Frank Cordell, Susannah Carr and Chelsey Mam represented the company in litigation against the London Market, AIG, and other insurers over coverage for liability arising out of the Kalamazoo River Superfund Site, one of the largest and most costly Superfund sites in history.

 

Coverage counsel to Snohomish County after Oso landslide tragedy

On March 22, 2014 a massive landslide killed 43 people in the Steelhead Haven neighborhood near the community of Oso in Snohomish County, Washington. In the aftermath, victims and their families filed dozens of wrongful death claims against three defendants, including Snohomish County. These claims have been consolidated in King County into the State’s largest-ever wrongful death action. Frank Cordell was selected to represent the County as coverage counsel, and, along with Chelsey Mam and Greg Pendleton, currently is prosecuting litigation against the insurers in federal court in Seattle.

 

City turns to insurer to help pay largest land use verdict in state history

In 2004, a developer proposed building a parking garage on land it owned. Over the ensuring years, the city in which the land is located was alleged to have frustrated the developer’s efforts. The city eventually took title to the land through a deed in lieu of foreclosure transaction. The developer later sued the city. In 2016, after more than three years of litigation, the King County Superior Court awarded $18.3 million to the developer – reportedly the largest land use judgment in the history of Washington State. The city appealed the verdict. Frank Cordell and Greg Pendleton successfully represented the city in a parallel insurance coverage case in federal court.

 

Coverage counsel for Alaska crab and fish processor

In late 2015 and early 2016, a series of massive windstorms and freeze events struck a small island in the Aleutian chain. The storms caused widespread property damage, including to the buildings and pier of an insured crab and fish processor. Jeff Tilden and Greg Pendleton represented the insured in federal court litigation against its insurer and a third-party administrator.

 

D&O coverage counsel for Alaska native corporation

Frank Cordell and Greg Pendleton represent an Alaska native corporation in connection with its efforts to recover defense costs and settlement dollars from its Directors & Officers insurer. The dispute stems from fraud allegedly committed by the client’s former business associates in securing government construction contracts.

 

Washington produce supplier turns to GTTC

Dale Kingman and Greg Pendleton were tapped to represent a 105-year-old Washington company in connection with its effort to recover insurance dollars stemming from a recall of frozen vegetables. The federal court litigation concerned contaminated products insurance and tort liability of a wholesale insurance broker . Dale and Greg settled the case on favorable terms for GTTC’s client.

Dale and Greg represent the same produce supplier in its efforts to recover funds from its London-based Stock Throughput carrier for product losses stemming from listeria contamination.

 

Coverage counsel for bank in condo defect case

In 2016, Prime Pacific Bank and PPB Sunset 100 Properties LLC were sued by their insurers in a declaratory judgment action. The insurers contended there was no coverage stemming for an underlying construction defect case involving waterfront condominiums in Everett, Washington. GTTC lawyers Dale Kingman and Greg Pendleton successfully defended the coverage action on behalf of their banking clients. 

 

Amicus counsel for the Association of General Contractors of Washington

GTTC lawyers Frank Cordell and Greg Pendleton prepared a successful amicus curiae brief on behalf of the Association of General Contractors in T-Mobile USA, Inc. v. Selective Insurance Company of America. The case asked whether “an insurer was bound by representations made by its authorized agent in a certificate of insurance with respect to a party’s status as an additional insured under a policy issued by the insurer, when the certificate includes language disclaiming its authority and ability to expand coverage.” The Washington Supreme Court answered in the affirmative. The issue was of considerable importance to Washington’s construction industry because certificates of insurance are routinely relied upon as evidence of compliance with contractual insurance requirements.

 

Washington recycling business taps GTTC lawyers for multi-million dollar coverage and fraud action

Frank Cordell and Greg Pendleton represent a local construction waste recycling business in coverage and tort litigation against its property and business income insurer. The case is pending in King County Superior Court and concerns an allegedly bad faith claims investigation and denial by the insurer.

 

Building owner hires GTTC to act as coverage counsel in crane collapse

In 2019, a tower crane in Seattle collapsed while being dismantled, killing four people and causing extensive property damage. GTTC lawyers Dale Kingman and Greg Pendleton represent the building owner in connection with its Builder’s Risk and CGL coverage interests.

 

Large agricultural firm engages Dale Kingman and Greg Pendleton on business income loss

GTTC’s client owns several grain bins in Montana and North Dakota. Two newly constructed bins experienced severe settlement due to a defectively designed ground improvement system, causing GTTC’s client to miss several wheat seasons. GTTC is working to secure a substantial business income payment from the client’s London property insurer.

 

Commercial real estate brokerage hires Greg Pendleton and Brendan Winslow-Nason as coverage counsel for employment discrimination suit

A large regional commercial real estate brokerage engaged GTTC to represent its interests in a coverage dispute with its employment and D&O insurer. Greg Pendleton and Brendan Winslow-Nason successfully negotiated with the insurer such that the underlying case was settled without GTTC’s client paying any of its own money.

 

Cyber insurance coverage counsel

Greg Pendleton represents several local businesses, including financial institutions, shippers, and professional services firms in connection with cyber and wire fraud losses. Greg is one of Washington’s leading insurance recovery lawyers under cyber and social engineering policies.

 

Outside coverage counsel for property developer

Greg Pendleton acts as outside coverage counsel for a successful Seattle property developer. Greg has negotiated resolutions of several water, fire, and other property damage claims for his client, as well as disputes with liability and property insurers of homeowner’s associations with which the client is affiliated.

Professional & Civic Involvement

Representative Clients

Publications & Presentations

  • Speaker, Propel Insurance, Lunch and Learn, August 2019, Tacoma, WA
  • Speaker, GTTC Insurance Recovery Seminar, Insuring Against Cybercrime in the Modern Era, June 2019, Seattle, WA
  • Speaker, Puget Sound Claims Managers Council, Education Luncheon, Insurance Case Law Updates and Traps for the Unwary, May 2019, Seattle, WA
  • “Shareholder Derivative Litigation: A Primer for Insurance Coverage Counsel,” The Brief, American Bar Association, August 2013
  • Speaker, Fundamentals of, and Insurance Coverage for, Merger Objections Suits, June 25, 2013, New York, New York
  • “This Isn’t Your Father’s D&O Risk,” Business Insurance, February 14, 2013
  • “De-mystifying D&O Coverage,” Eisner Amper SEC Trends & Developments, September 2012
  • Speaker, At the Intersection of U.S. Securities Law & International Business, Boston University School of Law, January 12, 2012
  • “Avoiding the IPO Queue,” IQ Insider Quarterly, Issue 39, Autumn 2011
  • “Case Study: Texas Mutual Insurance v. Ruttiger,” Law360.com, October 26, 2011
  • “Securities Litigation Against Chinese Issuers,” Bloomberg Law, July 14, 2011
  • “FDIC Renews Pursuit of Claims Against Directors and Officers of Failed Banks,” PLUS Journal, May 2011
  • “State Responsibility and the High Seas Marine Environment: A Legal Theory for the Protection of Seamounts in the Global Commons,” 14 Pac. Rim L. & Pol’y J. 485 (2005) 

Bar/Court Admissions

Personal

I did a lot of travelling before going to law school. I’ve visited close to 40 countries – including five months exploring South America. Now, with a law career and two kids, I’m not spending as much time on the road.

Outside the office, I enjoy spending time with my wife and our son and daughter. I read a lot, and especially enjoy novels about the American West. Being a sucker for power tools, I also spend a fair bit of time on projects around the house and in the yard. I’ve always done a lot of skiing, especially at Whistler (my wife and I are originally from British Columbia), and look forward to sharing this activity with my kids in the coming years.

Practice Emphasis

Education

  • J.D., University of Washington School of Law, 2006
    • CALI Awards for Academic Excellence
    • Academic Achievement Scholarship
    • Judicial Extern, Judge Robert Lasnik, United States District Court, Western District of Washington
    • Knauss Marine Policy Fellow
    • Pacific Rim Law & Policy Journal
  • B.A. (English Literature, Economics), University of Washington, magna cum laude, 2002
    • Departmental Honors Program
    • Phi Beta Kappa
    • Best Honors Thesis Prize (Department of English)
    • Outstanding Scholar Award (Department of Economics) 

Recognition