Carl E. Forsberg

Shareholder

Carl’s busy litigation practice emphasizes insurance defense, first and third-party coverage opinions/litigation, extra contractual matters, the defense of alleged bad faith claims and general as well as environmental defense claims. He is licensed to practice law in Washington, Alaska and Oregon and has represented clients throughout the United States, with particular emphasis in the Western states.

Carl has extensive trial experience, initially as an Assistant District Attorney in Anchorage, Alaska, and he continues with an active trial practice now. He is frequently asked to serve as a King County Superior Court Arbitrator and is an instructor for the National Institute of Trial Advocacy’s trial and deposition skills programs, as well as an Adjunct Professor, Trial Advocacy, at the University of Washington School of Law. He is a frequent author and lecturer on topics related to his primary practice areas as well as pre-trial and trial-related issues.

Recognition

  • Recognized as "Super Lawyer" 2001-2017 in Super Lawyers magazine.
  • Recognized as "Super Lawyer" 2009-2016 in Super Lawyers Business Edition.
  • Recognized as one of "Washington's Top 100 Lawyers," 2010, 2011, 2013 - 2017 in Super Lawyers magazine.
  • Recognized as one of the “Top 100 Lawyers in Washington,” 2013, 2014 and 2016 in Seattle Metmagazine. 
  • Recognized as one of "Washington's Top Lawyers," July 2010, 2012, 2013, 2014, 2015 and 2016 as selected by peers, in Seattle Met magazine. 
  • Received the "2013 Outstanding Lawyer of the Year" award from the King County Bar Association.
  • Named "Defense Trial Lawyer of the Year" in 2010 by Washington Defense Trial Lawyers. 
  • "AV Preeminent" rated by Martindale-Hubbell, the highest rating obtainable by members of the legal community; and in 2014 received the distinguished "20 years recognition" at this level.

Representative Cases

  • Represented insurers who issued policies with combined liability limits in excess of $50 million in multiparty contribution lawsuit regarding potential coverage for over 1,000 toxic tort claims and environmental claims arising out of polluted sites across the country.  A seven-week jury trial resulted in a partial defense verdict, with the jury concluding that the pollution exclusions in various policies precluded coverage for the environmental claims.
  • Represented and successfully settled insurers who issued policies with combined liability limits in excess of $100 million in a lawsuit regarding a nine-figure pollution liability in the Portland Harbor Superfund Site and several other environmental sites.
  • Obtained a partial defense verdict in a bench trial regarding the existence and terms of dozens of policies allegedly issued by their clients beginning in the 1940s.
  • Represented an insurer in coverage litigation in United States District Court (D. Oregon) against an aircraft parts manufacturer’s claim for indemnity coverage, received summary judgment that their pretreatment system was an ordinary cost of doing business in compliance with regulatory licensing requirements and therefore not a covered indemnity cost under their liability policies.
  • Represented an insurer in coverage / bad faith claim by an insured seeking coverage for damages related to serious injury / fatality auto accident, received summary judgment based upon insuring clause language. 
  • Representation of several insurance carriers in multi-state / multi-party coverage litigation concerning numerous contaminated sites, received several summary judgment victories which led to successful settlement of all known / unknown policies. 

Professional & Civic Involvement

  • Alaska Bar Association
  • Washington State Bar Association
  • King County Bar Association
    • Judicial Screening Committee, Member 2000-2015, Co-Chair 2004-2005
    • Judicial Evaluation Committee, Member 1999-2000, Committee Chair 2013-2016
    • Judicial Conferencing Committee, Member 2001-2003, 2011-2013
    • CLE Advisory Committee, Member 2008-2010
    • Membership Task Force, Chair 2008
    • Trustee, 2006-2008
    • Bench Bar Conference, Co-Chair 2006
  • Northwest Insurance Coverage Association, President, 2000-2001
  • Northwest Environmental Claims Association, President, 1997-2000
  • National Institute of Trial Advocacy, Instructor, 1997-Present
  • Washington Defense Trial Lawyers Association, 1999-Present
  • Council on Litigation Management, Member, 2010-Present

Articles & Presentations

  • Presenter: "Insurance Law Update," Washington Defense Trial Lawyers (WDTL), February 29, 2016.
  • Featured Speaker:  “Coverage Update and Trends Discussion,” CLM (Claims & Litigation Management Alliance), January 2015
  • Co-author:  Chapter of the LexisNexis Practice Guide: Washington Insurance Litigation regarding the rescission of insurance policies based on misrepresentations made by the policyholder in obtaining a policy; “The Insurance Application and the Insurer’s Remedies for Misrepresentation,” November 2014
  • Featured Speaker:  “Video Conferencing Depositions – Use, Technology, Legal Requirements, Techniques and Other Considerations,” National Institute of Trial Advocacy, Deposition Training Seminar, August 13-14, 2014
  • Presenter:  “Annual Insurance Law Update,” Puget Sound Claims Managers Seminar, May 15, 2014
  • Presenter:  “Annual Insurance Law Update: Insurance Law 301,” WSBA (recent case law updates and trial strategies for both plaintiff and defense counsel in insurance coverage litigation), December 17, 2012
  • Panel Member:  Discussion on deposition preparation, and defense (mock) of a claims professional’s deposition, CPCU (Society of Chartered Property and Casualty Underwriters) Pacific Northwest Chapter Seminar, Bellevue, WA, February 9, 2012
  • Presenter:  “Strategic Settlement Milestones—Don’t Let Them Go By Unnoticed:  A Defense Perspective,” Washington State Association for Justice’s 34th Annual Insurance Law Seminar, January 26-27, 2012
  • Co-Presenter:  “How to Try an Insurance Case,” presentation and discussion with Ted Prosise of Tsongas Litigation Consulting on the trial of an alleged bad faith insurance coverage claim, WSBA, December 12, 2011
  • Co-Instructor:  “NITA Trial Skills Program,” Justice Africa Advocacy/Kenya School of Law, August 19-27, 2011
  • Presenter:  Deposition Training Seminar, National Institute of Trial Advocacy, August 16-17, 2011
  • Presenter:  “Defense Attorneys’ Ethical Obligations in a Reservation of Rights Scenario,” National Business Institute CLE, Insurance Law 2011: Current Case Law, Market Trends and Legal Updates, July 15, 2011
  • Presenter:  “Scope of Coverage for an Additional Insured and Standards for Determining Whether a Party Is an Insured,” NICA, May 27, 2011
  • Presenter:  Annual Insurance Law Seminar, Washington Defense Trial Lawyers (WDTL), April 1, 2011
  • Presenter:  “Insurance Law Primer: Understanding the Essential Components: Defense Attorney’s Ethical Obligations in the Tripartite Relationship,” and panel discussion on “Strategic Considerations in Litigation,” Washington State Bar Association (WSBA), December 2, 2010
  • Chair:  “2010 Washington Insurance Law Coverage Update,” Forsberg & Umlauf seminar, November 4, 2010
  • Chair:  “Life of a Construction Defect Claim,” November 1, 2010.
  • Presenter:  “Bad Faith Case Law Review/Update,” Marine Insurance Association of Seattle (MIAS), September 7, 2010
  • Faculty:  “Exhibits” and “Closing Argument” Lectures, National Institute for Trial Advocacy (NITA), August 14-18, 2010
  • Presenter:  “Personal Injury Law Boot Camp from the Defendant’s Perspective,” Washington State Bar Association (WSBA), August 11, 2010
  • Chair:  “Environmental Coverage/Defense Lectures,” July 29-30, 2010
  • Chair:  “King County Judicial Forum,” Lorman Educational Services, June 11, 2010
  • Presenter:  “Evidence and Trial Objections Boot Camp,” Washington State Bar Association (WSBA), February 25, 2010
  • Presenter:  “Effective Use of Exhibits in Trial,” University of Washington School of Law, February 2, 2010
  • Presenter:  “Effective Use of Exhibits in Trial,” Washington Defense Trial Lawyers (WDTL), December 11, 2009
  • Chair:  “Washington Insurance Bad Faith Claims,” Lorman Educational Services, December 10, 2009
  • Presenter:  “Bad Faith Insurance Claims in Washington,” National Business Institute (NBI), November 13, 2009
  • Presenter:  “Construction Defect/Coverage,” Training, June 23, 2009
  • Presenter:  “IFCA/Bad Faith Update/Unfair Claims Practices,” March 6, 2009
  • Presenter:  “Witness Deposition/Trial Testimony Preparation,” University of Washington School of Law, February 27, 2009
  • Presenter:  “The Business of the Practice of Law,” Seattle University School of Law, February 12, 2009
  • Presenter:  “Expert Witness Selection and Preparation,” University of Washington School of Law, February 9, 2009
  • Presenter:  “Top 5 Insurance Coverage Issues in Washington,” Lorman Educational Services, September 26, 2008
  • Presenter:  “Trial Skills/Exhibits/Direct and Cross Examination,” National Institute for Trial Advocacy (NITA), September 7-10, 2008
  • Presenter:  “Deposition Skills/Defending Your Client’s Deposition,” National Institute for Trial Advocacy (NITA), July 30-31, 2008
  • Presenter:  “Insurance Bad Faith Claims,” Lorman Educational Services, July 22, 2008
  • Chair:  “Current Issues Impacting Insurance Defense Practice,” National Business Institute (NBI), June 11, 2008
  • Chair:  “Advanced Trial Practice,” Washington Defense Trial Lawyers (WDTL), April 23, 2008
  • Presenter:  “Insurance Broker Ethics Update,” March 13, 2008
  • Presenter:  “Insurance Law From A to Z,” National Business Institute (NBI), February 29, 2008
  • Presenter:  “Insurance Broker Ethics Review,” February 27, 2008
  • Presenter:  “Expert Witness Selection and Preparation,” University of Washington School of Law, February 14, 2008
  • Presenter:  “Insurance Bad Faith Claims in Washington,” Lorman Educational Services, July 19, 2007
  • Presenter:  “Current Issues Impacting Insurance Defense Practice,” National Business Institute (NBI), June 19, 2007
  • Presenter:  “Bad Faith Insurance Claims in Washington,” National Business Institute (NBI), November 3, 2006
  • Presenter:  “Insurance Bad Faith Claims in Washington,” Lorman Educational Services, July 19, 2006
  • Chair:  “Advanced Trial Tactics Seminar,” Washington Defense Trial Lawyers (WDTL), May 12, 2006
  • Chair:  “Trial Skills Workshop” (Four-Part Series), King County Bar Association (KCBA), October 5, 12, 19 and 26, 2005
  • Presenter:  “Insurance Coverage Law in Washington,” National Business Institute (NBI), June 10, 2005
  • Presenter:  “The Effect of Stipulated Judgments on Coverage and Bad Faith Claims,” Washington Defense Trial Lawyers (WDTL), April 8, 2005
  • Presenter:  “Good Times for Bad Faith Litigation,” Washington Defense Trial Lawyers (WDTL), March 10, 2005
  • Presenter:  “Third-Party Coverage in Washington,” National Business Institute (NBI), February 4, 2005
  • Presenter:  “Taking and Defending Effective Depositions,” Lorman Educational Services, January 21, 2005