Nate’s practice focuses on insurance coverage and bad faith litigation, commercial litigation, general liability litigation and professional liability litigation. He represents insurance companies, contractors, policy holders, global corporations, insurance adjusters, business owners, insurance agents and professionals. He handles all aspects of insurance-related litigation, from defending auto liability claims to drafting coverage opinions, advising and defending insurers in bad faith litigation, defending large corporations, advising and defending insurers in UM/UIM litigation, litigating declaratory judgment actions and advising /defending insurers when policy holders enter million dollar Morris or Damron Agreements.
Nate works with clients that insist on doing things “the right way”. He believes that early case analysis, accurate estimation of litigation costs, frequent client communication and honest recommendations are critical to effective legal representation and client satisfaction. A client must be provided information early and updated often to determine whether to litigate a matter through mediation, arbitration, dispositive motions or trial—or whether to make a merit-based or business decision to settle a case early for a fraction of litigation costs.
Nate also keeps his clients abreast of the latest developments in Arizona insurance bad faith, coverage and UM/UIM law by providing timely summaries and analyses of recent Arizona Supreme Court and Court of Appeals decisions. More
- Member, Arizona Association of Defense Counsel, 2004-present
- Member, Maricopa County Bar Association, 2012-present
- Arbitrator, State Bar of Arizona: Fee Arbitration Program, 2007 - present
- Board of Directors, Arizona Association of Defense Counsel, 2007 - 2010
- President, Arizona Association of Defense Counsel, Young Lawyers Division (2005, 2006)
- Vice President, Arizona Association of Defense Counsel, Young Lawyers Division (2004)
- Assisted in raising over $30,000 for the Devereux Foundation, a national not-for-profit entity that provides shelter and services to children with special needs, through the Arizona Association of Defense Counsel (AADC)
- Expertise regarding Arizona's unique Damron Agreements and Morris Agreements. Nate recently represented an insurer in a dispute regarding a $1 million Damron Agreement and settled the case for less than the estimated costs of a declaratory judgment action. He persuaded plaintiff that, despite denying coverage, the insurer neither breached nor owed any duties to the insured because the insurer never expressly refused to defend and the insured failed to notify the insurer of either the tender or exhaustion of underlying insurance.
- Successfully defending catastrophic personal injury claims. Nate recently defended and settled claims against a global corporation in a quadriplegia personal injury case in which plaintiffs demanded more than $30 million. Despite clear liability, he settled the case for less than plaintiff's own estimate of future medical expenses by creating a scope of employment issue and arguing plaintiff assumed the risk of his catastrophic spinal injury by failing to wear a neck protector used by motocross riders.
- Resolving professional liability claims through creative arguments. Nate recently won a Motion for Summary Judgment in a legal malpractice case by creatively arguing the plaintiff either lacked standing or was judicially estopped from asserting the legal malpractice claim, because plaintiff knowingly failed to disclose the underlying wrongful death claim from which the malpractice claim arose in her bankruptcy.