Stevan D. Phillips
Experience
Stevan Phillips is a partner of the firm concentrating his practice in commercial
litigation with an emphasis on complex business litigation, including antitrust,
insurance coverage, environmental and trade regulation matters. He has also been
involved in numerous commercial class actions, contested takeover litigation and
lawsuits involving financial institutions and lending practices. Steve has participated in
numerous mediations and arbitrations on behalf of clients in complex commercial,
insurance, antitrust and contract litigation. He has argued before the fourth,
eighth and ninth Circuit Courts of Appeals and Washington State courts at all levels,
including several cases before the Washington Supreme Court.
Before joining Stoel Rives, Steve was a former adjunct professor of law at the
University of Puget Sound Law School, a former staff attorney at the Federal Trade
Commission (Region X) and a former judge pro tempore for the Seattle Municipal
Court.
Representative Work
Partner
Seattle, WA
(206) 386-7621 direct
(206) 386-7500 fax
Insurance Coverage Cases
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Coverage experience in all aspects of insurance coverage including first-party
property policies, third-party liability policies, D&O insurance, construction,
environmental claims and contribution claims between insurance carriers.
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Bank. National Union Fire Insurance Co. of Pittsburgh, PA. v. Seafirst
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University of Michigan, B.A., 1967
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Provides continuing representation as special counsel for King County and the
University of Washington on insurance coverage matters.
Served as lead counsel for target insurance company in large contract claim by
surplus line broker. Dow v. Nationwide Mutual Insurance Co.
Represented policyholders in environmental cleanup matters before the
Washington Supreme Court. Boeing v. Aetna, 113 Wn. 2d 869 (1990); Key Tronic
v. Aetna (CIGNA) Fire Underwriters, 124 Wn.2d 618 (1994).
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J.D., 1970, cum laude
Served as lead counsel for policyholder in multiple policy insurance coverage
Litigation.
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University of Michigan Law School,
Admissions
against policyholder's own carriers and on owners first party policies. WPPSS 215
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Corporation, 662 F. Supp. 36 (W.D. Wash. 1986).
litigation growing out of contract #215 on WPPSS Plant No. 2 involving claims
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Education
Served as counsel for D&O carrier in insurance coverage litigation in Seattle
involving excess D&O policy and claims arising out of the collapse of Penn Square
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stevan.phillips@stoel.com
Served as lead counsel in numerous class actions involving personal lines
insurance coverage issues. Bjorkquist v. Farmers Insurance Company of
Washington
Stevan D. Phillips
Washington, 133 Wn.App. 1008, 2006 WL 1463540 (2006) (dismissal of class action contending UIM election agreement was void)
(unpublished); Averill v. Farmers Insurance Company of Washington, 155 Wn.App. 106, 229 P.3d 830, rev. denied, 169 Wn.2d
1017 (2010) (dismissal of class action alleging failure to pay deductible violated the make whole rule); Scammell v. Farmers
Insurance Company of Washington and Farmers Insurance Exchange, No. 01-2-13321-2 (Wash. Super. Ct.) (successful dismissal of
class action on UIM coverage and judgment of dismissal of all claims following arbitration); Horner v. Farmers Insurance
Company of Washington, 2011 Wash. App. LEXIS 76 (2011) (dismissal of class action alleging improper subrogation )
(unpublished); Panag v. Farmers Insurance Company of Washington, 166 Wn.2d 27, 204 P.3d 885 (2009) (standing to sue for
activities of a collection agency) (class action settled with Farmers paying $0); Mansker v. Farmers Insurance Company of
Washington, 2010 U.S. Dist. LEXIS 95690 (W.D. Wash. 2010) (coverage under UIM limited to physical injury; no coverage for
stigma) (order of Jan. 11, 2011) (dismissal of nationwide class, dismissal of non-Washington parties and coverage ruling on UIM
coverage.
Antitrust and Trade Regulation Cases
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Served as part of the FTC team that conducted a nationwide antitrust investigation of real estate brokers and multiple listing
services. See 3 Trade Reg. Rep. (CCH) 10,169 (1978).
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Served as lead FTC lawyer on regional antitrust investigations and consent decrees, including Roofing Contractors Assn., [19791983 FTC Transfer Binder] Trade Reg. Rep. (CCH) 21,604; Inland Empire Roofing Contractors Assn., [1976-1979 FTC Transfer
Binder] Trade Reg. Rep. (CCH) 21,542; International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of
America, [1976-1979 FTC Transfer Binder] Trade Reg. Rep. (CCH) 21,442.
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Served as co-lead counsel for the FTC in its efforts involving Chrysler Corporation and Chrysler Credit Corporation regarding
their nationwide repossession practices. Chrysler Corp. et al., [1976-1983 FTC Transfer Binder] Trade Reg. Rep. 21,769.
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Represented defendant in defense of Sherman Act § 2 and Clayton Act § 7 in a case involving the business of nuclear waste
removal, transportation and disposal. Hittman Nuclear and Development Corporation v. Chem Nuclear Systems, Inc. See 1980 1
Trade Cases (CCH) 63,140.
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Represented defendant in antitrust action involving the alleged monopolization of mobile cargo transportation and delivery
systems.
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Represented defendant in large antitrust case involving monopolization and conspiracy to restrain trade in the international
wood chip business. See Daishowa International v. North Coast Export Company, 1982-2 Trade Cases (CCH) 64,774.
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Represented numerous defendants in various matters involving alleged unfair business practices and acts brought by the FTC
office in Seattle.
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Represented defendant involved in alleged monopolization and conspiracy to restrain trade in a local telephone directory
business.
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Represented defendant in Washington State action related to national prescription drug antitrust litigation
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Provides continuing trade regulation advice to numerous clients on product distribution and electronic commerce issues,
mergers and pricing policies.
Stevan D. Phillips
Securities Cases
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Served as lead counsel for target company in hostile tender offer case. Chem-Nuclear Systems, Inc. v. Waste Management, Inc.,
1982 Trade Cas. (CCH) 64,680.
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Served as co-lead counsel for acquiring company in hostile tender offer case involving proxy solicitation and roll-up of numerous
partnerships into a real estate investment trust.
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Served as co-lead counsel for defendants in securities fraud action arising out of the conversion of a mutual savings bank to a
stock savings bank. Rembold v. Pacific First Federal, 798 F.2d 1307 (9th Cir. 1986).
Significant General Commercial Litigation
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Served as lead counsel for Fortune 500 company in Lanham Act claim for alleged false advertising and false marking of country
of origin on imported products.
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Served as lead counsel for defendant in adversary proceeding involving equitable subordination of a $10 million loan.
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Served as lead counsel for defendant in Section 5 action by the FTC for alleged improper testing on storm windows.
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Represented corporate party seeking restitution after criminal conviction of defendant.
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Served as lead counsel in several cases for institutional preferred stockholders in preferred stock redemption litigation.
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Represented LBO lender and investor in multimillion-dollar fraudulent conveyance action by unsecured creditors committee.
1998 U.S. App. LEXIS 5481 (9th Cir. 1998)
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Served as lead counsel for large national insurance company in contract claim by surplus lines broker.
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Represented large personal lines insurance company in stock redemption case.
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Represented large manufacturer in printing industry as plaintiff in breach of contract litigation.
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Represented HMO/health insurers in large claims involving Champus contracts, calculation of capitation payments, actuarial
disputes, IPA failures and health plan coverage.
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Represented King County in Cedar Hills landfill class-action litigation.
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National coordinating counsel for drug distributor in nationwide fen-phen litigation.
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Successful representation of Energy Northwest through arbitration in connection with enforcement of option to purchase power,
Energy Northwest v. Grays Harbor Energy, LLC (King County Superior Court 09-2-39834-8 SEA 2009) (judgment confirming
arbitration award).
Professional Honors and Activities
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Listed in Washington Super Lawyers® (Insurance Coverage, Business Litigation, Antitrust Litigation), 2000-2009, 2011–2016
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Member, Antitrust, Litigation, and Tort and Insurance Sections, American Bar Association
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Member, Litigation Section, Washington State Bar Association
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Member, King County Bar Association
Stevan D. Phillips
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Member, Federal Bar Association (Western District of Washington)
Presentations/Publications
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"Understanding Significant Insurance Coverage Issues That Currently Arise in Natural Disasters," Inside the Minds™ Recent
Developments in Disaster Coverage Litigation, 2011
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"Pre-certification Discovery in Class Action Suits," WSBA CLE on Successful Prosecution in Complex Business Disputes, 2006
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"Obtaining Restraining Orders and Injunctive Relief in Civil Litigation," WSBA CLE on Making the Most Use of Motion Practice,
2006
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"Excess Insurance – When Does It Provide Defense and/or Indemnity for the Policyholder" (coauthor), Lorman Educational Series,
1994
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"Making and Pursuing Insurance Claims" (coauthor), Stoel Rives Business Toolbox Series, 1994
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"Applying Gruol's Continuous Trigger to Hazardous Waste Liability: The Policyholder's Perspective" (coauthor), Gonzaga Law
Review, 1992/1993
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"General Liability Insurance Coverage," Seattle-King County Bar Association CLE, 1992
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"Ethical Motion Practice in the Ninth Circuit," Lorman Educational Series, 1992
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"Hazardous Waste Insurance Issues," CLE on Hazardous Waste in Oregon, 1988
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"Ethical Considerations for Motion Practice in the Ninth Circuit Court," Federal Bar Association of the Western District of
Washington CLE, 1988
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"Problems in the Dealer-Distributor and Franchise Relationships," Mini-Trial of Distributor Termination Case, Washington State
Bar Convention, 1988
Civic Activities
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Member, Swedish Hospital Institutional Review Board