Sean W. Carney

Sean W. Carney is an accomplished insurance attorney with nearly 21 years of experience. His practice predominantly involves insurance coverage matters and claims for extra-contractual or bad faith damages. He began his legal career in Chicago, Illinois, where he developed a strong foundation in insurance coverage. In 2005, he relocated to Oregon and then Washington, deepening his knowledge and expanding his practice. Admitted to the Ninth and Fourth Circuits, Sean has successfully handled a variety of insurance coverage disputes across multiple states throughout his career. Approximately 80% of his work continues to focus on insurance coverage, with the balance involving a wide range of defense-related matters.

Sean has extensive experience in handling insurance coverage disputes, including litigated and non-litigated disputes under general liability, professional liability, D&O/E&O, fiduciary liability, pollution, homeowners, auto, and other personal lines policies. His practice includes litigation and appeals in jurisdictions throughout the United States, with a particular focus on Oregon and Washington. He is also well-versed in litigating lost policy disputes and environmental coverage matters, especially those arising under pre-1986 general liability policies and Superfund and state equivalent disputes.

Having represented both policyholders and insurers, Sean offers a unique perspective from having seen virtually every argument and tactic on both sides of a dispute. He spent the first decade of his career working for insurance companies, followed by nine years representing policyholders, and has been working for insurers at Chartwell since early 2022. This broad experience enables him to facilitate efficient and cost-effective results for his clients, knowing what a claim is worth, what jurisdictions are like, and the chances of success for all parties in a dispute.

Notably, Sean has represented the State of Oregon in environmental insurance coverage matters and the Oregon Department of Environmental Quality in administrative disputes. His deep understanding of both plaintiff and defense strategies enhances his ability to serve insurance carriers and third-party administrators effectively.

Some of his representative matters include the following:

• Represented primary insurer in declaratory judgment action and related mediation of underlying wrongful death and personal injury actions arising from the collapse of a multi-ton swing stage from the 30th floor of the John Hancock Center in Chicago. In re Hancock Scaffolding Litigation, Court No.: 2002-L004374, 05 CH 07874, Circuit Court Cook County, Illinois.
• Represented primary insurer in a multi-party declaratory judgment action to determine coverage obligations with respect to landfill closure and cleanup under Washington’s Model Toxics Control Act. Intalco Aluminum Corporation v. Central National Indemnity Co of Omaha, et. al, Court No.: 06 2 01842 3, Whatcom County Superior Court (WA).
• Represented primary and excess insurers in multiple jurisdictions regarding coverage disputes over an insured’s underlying CERCLA or state-equivalent liability for environmental response costs. E.g., Bank of America v. Travelers Indem. Co., 9th Circuit Case No: C07-0322RSL, Century Indem. Co. v. Marine Group, LLC, 9th Circuit Case No. 08-1375-AC, In re Clean Care Superfund Site, In re Port of Seattle, In re Port of St. Helens, In re Port of Longview.
• Provided coverage analysis regarding insurer’s alleged exposure arising from the murder/suicide of the City of Tacoma Chief of Police and his wife. Estate of Crystal Brame v. City of Tacoma, et. al, Case No. 04-2-00712-7KNT, Superior Court, King County, (WA).
• Represented public policyholder in multi-million-dollar six-year duty to defend litigation against multiple insurers regarding the Portland Harbor Superfund Site. State v. Pac. Indem. Co., Multnomah County, Case No. 15CV29585.
• Represented policyholders in stock drop, ESOP, employer liability, and wrongful termination disputes under D&O, E&O and EPL policies. E.g., Travelers Casualty and Surety Company v. Jeld-Wen Holding, Inc. et al, Western Dist. Of North Carolina case no. 3:21cv173, Dooley v. Saxon, et. al. (D. Or. Case No. 12-cv-1207), Jimmerson v. Jeld Wen Inc. Employee Stock Ownership and Retirement Plan (D. Or. Case No. 13-cv-177) and Woerner v. Saxon (D. Or. Case No. 13-cv-395); In re Set Management.
• Provided amicus brief to Oregon Court of Appeals on novel issue of Oregon duty to indemnify regarding “all sums” dispute. FountainCourt Homeowners' Ass'n v. FountainCourt Dev., LLC, Court of Appeals Case No. A147420.
• Represented policyholder in construction defect dispute regarding use of extrinsic evidence in duty to defend disputes. Alkemade v. Quanta Indem. Co., United States District Court for the District of Oregon, Case No. 6:12-cv-00844-MC, Ninth Circuit Case No. 14-35605.
• Represented state environmental regulator in dispute regarding potential violations of 40 Code of Federal Regulations (CFR) 264.147(a) regarding adequate financial assurance for its permitted hazardous waste treatment, storage and disposal facilities. In re Safety-Kleen Systems, OAH CASE NO. 2021-ABC-04375.

Outside of his professional life, Sean enjoys boating/waterskiing, riding his motorcycle and spending time with his wife and four crazy teenagers. As a motorcycle enthusiast, he loves taking long rides and exploring the scenic routes of the Pacific Northwest, particularly through the Columbia River Gorge. His diverse career and personal interests reflect his dynamic approach to both his work and life.