Sean W. Carney

Partner

P
(503) 206-0489
F
(503) 961-7864
418 W. Main Street
#2275
Battle Ground
,
WA
98604

PRACTICE AREAS

Insurance Coverage Analysis and Litigation

Bad Faith

First-Party Property Claims Defense

Third Party Claims Defense

Admissions

Oregon

Washington

United States District Court for the District of Oregon

United States District Court for the Northern District of Illinois

United States Court of Appeals for the Fourth District

Education

DePaul University College of Law

J.D., magna cum laude

Linfield College

B.A., magna cum laude

Sean W. Carney is an accomplished insurance attorney. Sean has handled hundreds of insurance coverage disputes over nearly 20 years arising under general liability, professional liability, D&O/E&O, fiduciary liability, pollution, homeowners, auto, and other personal lines policies. This includes litigation and appeals in jurisdictions throughout the United States but focused on Oregon and Washington. He is also experienced litigating lost policy disputes and environmental coverage matters arising under pre-1986 general liability policies and Superfund and state equivalent disputes.

Having represented both policyholders and insurers for many years, Sean is uniquely poised to represent insurance carriers and third-party administrators. His knowledge and experience handling plaintiff strategies aid in his ability to facilitate efficient and cost-effective results on behalf of his clients. 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.

In his free time, Sean enjoys spending time with his wife and four kids. He is a motorcycle enthusiast and loves riding his Harley Davidson motorcycle, as weather permits, or working to restore a classic corvette. He is also a runner and has participated several times in the Hood to Coast 200-mile relay.

Professional Associations

Clark County Bar Association

Multnomah Bar Association

American Inns of Court – Gus J. Solomon Chapter

Achievements

Named to Super Lawyers® Rising Stars list (2008, 2012-2013, 2020)

Order of the Coif, member

Articles

“Just because It’s Nuclear, Doesn’t Mean It’s Excluded: Liability Insurers’ Potential Exposure for Commercial Uses of Radioactive Material,” Defense Counsel Journal, Volume 78, Issue 3, 2011, co-author

“Anti-Stacking Clause Bars UIM Coverage for Parents’ Damages, Where Insurer Agreed to Pay Daughter the Highest Limits of Liability Under Its Three Policies,” Oregon Association of Defense Counsel Bulletin, 2007

Presentations

Northwest Insurance Law: A Comprehensive Review, The Seminar Group, 2018, co-presenter

Insurance in the Construction Industry: The Duties of Insurance Defense Counsel, The Seminar Group, 2012, co-presenter

Insurance in the Construction Industry: Duty to Defend, from Ledford to Fred Shearer; 2011, co-presenter

Sean W. Carney is an accomplished insurance attorney. Sean has handled hundreds of insurance coverage disputes over nearly 20 years arising under general liability, professional liability, D&O/E&O, fiduciary liability, pollution, homeowners, auto, and other personal lines policies. This includes litigation and appeals in jurisdictions throughout the United States but focused on Oregon and Washington. He is also experienced litigating lost policy disputes and environmental coverage matters arising under pre-1986 general liability policies and Superfund and state equivalent disputes.

Having represented both policyholders and insurers for many years, Sean is uniquely poised to represent insurance carriers and third-party administrators. His knowledge and experience handling plaintiff strategies aid in his ability to facilitate efficient and cost-effective results on behalf of his clients. 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.

In his free time, Sean enjoys spending time with his wife and four kids. He is a motorcycle enthusiast and loves riding his Harley Davidson motorcycle, as weather permits, or working to restore a classic corvette. He is also a runner and has participated several times in the Hood to Coast 200-mile relay.

Professional Associations

Clark County Bar Association

Multnomah Bar Association

American Inns of Court – Gus J. Solomon Chapter

Achievements

Named to Super Lawyers® Rising Stars list (2008, 2012-2013, 2020)

Order of the Coif, member

Articles

“Just because It’s Nuclear, Doesn’t Mean It’s Excluded: Liability Insurers’ Potential Exposure for Commercial Uses of Radioactive Material,” Defense Counsel Journal, Volume 78, Issue 3, 2011, co-author

“Anti-Stacking Clause Bars UIM Coverage for Parents’ Damages, Where Insurer Agreed to Pay Daughter the Highest Limits of Liability Under Its Three Policies,” Oregon Association of Defense Counsel Bulletin, 2007

ATTORNEY'S Resources