Linda B. Clapham
Linda B. Clapham, a principal, re-joined Carney Badley Spellman in March 2013. Ms. Clapham has extensive insurance coverage and litigation experience, on behalf of both domestic and London Market Insurers. For the last fifteen years she has expanded her expertise for insurance company clients by focusing on appellate litigation, including handling appeals from 'notice to mandate', and advising those clients on a wide variety of issues facing insurance companies in the ever-dynamic state and federal appellate courts of the Northwest, including the Alaska Supreme Court.

Although raised in Seattle, Ms. Clapham has lived in Cologne, Germany; New York City; Washington D.C.; and Sun Valley, Idaho.

Honors and Recognitions

Ms. Clapham has been named by Washington Super Lawyers magazine, Super Lawyers Business Edition and Super Lawyers Women's Edition as one of the top attorneys in Washington State for the years 2013 - 2016.

Education

  • University of Washington—BA Political Science 1982
  • Willamette University College of Law—JD 1986
  • Associate Editor Willamette Law Review— 1984-1986

Bar and Court Admissions

  • Washington
  • Oregon
  • U.S. District Court, Western District of Washington
  • U.S. District Court, Eastern District of Washington
  • U.S. District Court, District of Oregon
  • Ninth Circuit Court of Appeals

Representative Matters

Appellate-Related Services

In addition to successfully managing an appeal from 'notice to mandate,' Ms. Clapham has been retained to assist clients and counsel at each stage of an appeal.

  • Retained by excess insurance carrier to monitor trial and assist with preservation of error (Farmers Insurance Company for case in Pierce County Superior Court)
  • Retained by trial counsel to assist with preparation of jury instructions for case expected to go up on appeal (Certain Underwriters at Lloyd's, London for case in King County Superior Court)
  • Retained by various insurance carriers to assist other counsel with preparation for oral argument before appellate courts:
    • Puget Sound Energy v. Certain Underwriters at Lloyd's, London, 134 Wash.App. 228, 138 P.3d 1068 (2006) (allocation and apportionment in the environmental insurance coverage context)
    • Topliff v. Chicago Ins. Co., 130 Wn. App. 301, 122 P.3d 922 (2005) (assist successful counsel for Respondent), rev. denied, 157 Wn.2d 1018, 142 P.3 608 (2006)
    • J. H. Baxter & Co. v. Central Nat'l Ins. Co. of Omaha, et al., 105 Wn. App. 657, 20 P.3d 967 (2001)
    • Transalta Centralia Generation, LLC, et al. v. Sicklesteel Cranes, Inc., et al., 13 Wn. App. 819, 142 P.3d 209 (2006)
    • Bowers v. Pollution Control Hearings Board, et al., 103 Wn. App. 587, 13 P.3 1076 (2000), rev. denied, 144 Wn.2d 1005, 29 P.3d 717 (2001)
  • Retained by various clients to assist with drafting appellate briefing:
    • Puget Sound Energy v. Certain Underwriters at Lloyd's, London, 134 Wash.App. 228, 138 P.3d 1068 (2006) (allocation and apportionment in the environmental insurance coverage context)
    • Bowers v. Pollution Control Hearings Board, et al., 103 Wn. App. 587, 13 P.3 1076 (2000), rev. denied, 144 Wn.2d 1005, 29 P.3d 717 (2001)
  • Retained by various non-insurance clients to assist other counsel with preparation for oral argument before appellate court:
    • Magana v. Hyundai Motor America, 123 Wn. App. 306, 94 P.3d 987 (2004)
    • Woo v. Fireman's Fund Ins. Co., 128 Wn. App. 95, 114 P.3d 681 (2005)
    • Citizens for Natural Habitat v. City of Lynnwood, 107 Wn. App. 1054, P.3d (2001) (2001 WL 950827)
    • Mayflower Park Hotel, Inc. v. State Dept. of Revenue, 123 Wn. App. 628, 98 P.3d 534 (2004)
    • Longwood Village Condominium Owners Association v. Aetna Casualty and Surety Co. of Ill., et al., 119 Wn. App. 1030, P.3d (2003) (2003 WL 22766047)

Appellate Victories

Ms. Clapham has over a decade of successful advocacy before state and federal appellate courts. The appeals listed are matters for which Linda had principal responsibility. Cases she argued are indicated by an *.

  • Bjarnson v. Kitsap County, 78 Wash.App. 840, 899 P.2d 1290 (1995) (Land use and Administrative Law)
  • *Mitchell v. NY Life Ins. Co., unpublished opinion no. 33567-7-I (1995); review denied, 128 Wn.2d 1009, 910 P.2d 481 (1996) (life insurance coverage)
  • *Marshall v. Bally's Pacwest, Inc., 94 Wash.App. 372, 972 P.2d 475 (1999) (products liability/personal injury)
  • *First State Ins. Co. v. Kemper Nat. Ins. Co., 94 Wash.App. 602, 971 P.2d 953 (1999) (excess v. primary insurance coverage)
  • Clark County Natural Resources Counsel, et al. v. Clark County Citizens, 94 Wash.App. 670, 972 P. 241 (1999) (Land Use and Growth Management Act)
  • *Brinkerhoff v. Campbell, 99 Wash.App. 692, 994 P.2d 911 (2000) (attorney malpractice)
  • *Puget Sound Energy v. Alba General Ins.Co., et al., 109 Wash.App. 683, 10 P.3d 445 (2000) (allocation and apportionment in the environmental insurance coverage context)
  • *1519-1525 Lakeview Blvd. Condo. Ass'n v. Apartment Sales Corp., et al., 101 Wn.App. 923,6 P.3d 74 (2000); aff'd, 144 Wn.2d 570, 29 P.3d 1249 (2001) (architect malpractice)
  • *Citizens for Natural Habitat v. City of Lakewood, 2001 WL 950827 (Land Use Petition Act)
  • Rhoads v. Evergreen Utilities Contractors, Inc., 105 Wash.App. 419, 20 P.3d 460 (2001) (labor and employment/Federal preemption)
  • *Burg v. Shannon & Wilson, 110 Wash.App. 798, 43 P.3d 526 (2002) (engineering malpractice)
  • *Longwood Village Condominium Association v. Aetna Casualty, et al., 2003 WL 22766047 (homeowners insurance coverage)
  • Schreiner v. Hulbert et al.; 9th Circuit Memorandum Opinion DC No. CV-04-00592-TSZ (June 2005) (judicial immunity/state actor)
  • Mid-Continent Casualty Co. v. Titan Construction Corp., 2008 WL 2340493 (construction defects insurance coverage)

Amicus Curiae

Ms. Clapham has appeared as a "friend of the court" on behalf of a variety of interests addressing a wide range of issues.

  • Reese v. Stroh, 128 Wn.2d 300, 907 P.2d 282 (1995) (admissibility of expert testimony in a medical malpractice context)
  • American Nat. Fire Ins. Co. v. B&L Trucking & Construction Co. Inc., 134 Wn.2d 413, 951 P.2d 250 (1998) (allocation of liability in environmental insurance coverage context)
  • Green v. American Pharmaceutical Co., 136 Wn.2d 87, 960 P.2d 912 (1998) (products liability)
  • Coventry Associates v. American States Ins. Co., 136 Wn.2d 269, 961 P.2d 933 (1998) (bad faith)
  • Fluke v. Hartford Ins. Co., 145 Wn.2d 137, 34 P.3d 809 (2001) (choice of law)
  • J.H. Baxter v. Central Nat'l Ins. Co., et al., 105 Wash.App. 657, 20 P.3d 967 (2001) (choice of law between California and Washington in the insurance context)
  • New Hampshire Indemnity Co., Inc. v. Budget Rent-a-Car Systems, Inc., 148 Wn.2d 929, 64 P.3d 1239 (2003) (insurance coverage with competing policies)
  • Mulcahy v. Farmers Ins. Co., 152 Wn.2d 92, 95 P.3d 313 (2004) (choice of law between Canada and U.S.A. in the insurance context)

Seminars/Speaking Engagements

  • Preserving Your Case for Appeal: Tips for the Non-Appellate Attorney, Washington State Bar Association CLE (July 2009)
  • Building Your Trial Record and Successfully Handling an Appeal, Washington State Bar Association CLE (July 2008)
  • Procedural Steps for Obtaining Review of Private Arbitration Award, CLE for Rubric, LLC (November 2010)

Publications

  • Chapters, Motions and Motions on the Merits, Revised Washington Appellate Deskbook (2004, updated 2009)
  • Co-Author, National Trends in Admission Contract, Arbitration Agreement Enforcement, London Market News (2004)
  • Enforceability of Arbitration Agreements in Nursing Home Admission Contracts in Washington, London Market News (2004)
  • Washington Appellate Court Upholds Absolute Pollution Exclusion, London Market News (2003)

Professional Associations

  • Washington Appellate Lawyers Association
  • King County Bar Association, Appellate Law Section
  • Washington Defense Trial Lawyers, Amicus Committee
  • Defense Research Institute, Appellate Advocacy Committee
  • Northwest Insurance Coverage Association
  • National Association of Professional Women (NAPW)

Contact Info

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