Nathan Furman is Senior Counsel in Tyson & Mendes’ Seattle office. His practice focuses on defending general liability and personal injury cases including auto liability, UIM/UM, premises liability, construction accidents, and construction defect claims.
Mr. Furman has extensive litigation experience, including the defense of motorists, insurance companies, general contractors, subcontractors, school districts, grocery stores, convenience stores, home improvement supplies retailers, small businesses, and individuals in state courts throughout Washington. He obtained dismissal of a wrongful death lawsuit to British Columbia on forum non conveniens grounds. See Klotz v. Dehkhoda, 134 Wn. App. 261, 141 P.3d 67 (2006), rev. denied, 160 Wn.2d 1014 (2007). He defended a general contractor in a lawsuit by a plaintiff utility owner after the contractor struck the utility’s underground line. The plaintiff dismissed its lawsuit after a hearing before an industry group’s dispute review panel.
Mr. Furman is admitted to practice law in Washington, the United States District Court for the Western District and Eastern District of Washington, and the Ninth Circuit. Mr. Furman obtained his J.D. from the University of Oregon in 2001, where he served on the University of Oregon Law Review. After graduation, Mr. Furman was a judicial law clerk to The Honorable C.C. Bridgewater of the Washington State Court of Appeals, Division II. Mr. Furman obtained his B.A. from the University of Washington in 1996. He is a member of the Washington Defense Trial Lawyers and the King County Bar Association.
Mr. Furman, his wife, and their two sons like to explore the Pacific Northwest. He hopes to one day take his family on a backpacking trip around Mt. Rainier.
In Boesiger v. Desert Appraisals, LLC, 444 P.3d 436 (Nev. Jul. 3, 2019), a married couple bought a home and financed the purchase through a mortgage on the property. The mortgage lender contracted with an appraisal company to perform an appraisal. The appraiser valued the property at $340,000, with 3,002 square feet of gross living area. The appraiser’s report noted a discrepancy between the square…
Grosser v. Korsmo and First Transit, Inc., No. 17-2-06113-1 (King County Sup. Ct. 2017), arose from a bus versus pedestrian accident. The elderly plaintiff sued the bus driver and the bus driver’s employer for personal injury. At the accident scene, the bus driver collected eyewitnesses’ names and contact information on forms that his employer had provided him.
There are two instances in in which Washington courts have repeatedly rejected claims for loss of consortium in the UIM context. First, when the claimant is not an insured. Second, when the claim is subject to a valid policy exclusion.
Under Washington law, “the duty of good faith of an insurance company defending under a reservation of rights [or “ROR”] includes an enhanced obligation of fairness toward its insured.” Tank v. State Farm, 105 Wn.2d 381, 387-88, 715 P.2d 1133 (1986) (emphasis added). The “[p]otential conflicts between the interests of insurer and insured, inherent in a [ROR] defense, underlie this enhanced obligation.” Id.
In Finney v. Farmers Insurance Co., 21 Wn. App. 601, 586 P.2d 519 (1978), aff’d, 92 Wn.2d 748 (1979), Division Three of the Washington State Court of Appeals held that a UIM insurer is bound by the findings and judgment from the insured’s lawsuit against the tortfeasor (i.e., the underinsured motorist) if the insurer is kept apprised of the suit but fails to intervene.