Archives: Attorneys

A Seattle native, Mike Ricketts received his undergraduate degree from Whitman College in Walla Walla, Washington, and his juris doctor from the University of Washington School of Law. He focuses his practice on civil trial work, including property and casualty insurance disputes, other commercial matters, and asbestos, personal injury, and product liability litigation.  He has considerable experience with fire claims and property losses involving product failure, electrical malfunction, or construction issues..

Mike is the father of three adult children and enjoys reading Pacific Northwest and American history.

A contractor facing rework costs and delay expenses after rain inundated the commercial building it was constructing argued that its costs and expenses were covered under the builders risk coverage for the project, and that the builders risk insurers’ denial of the claim was in bad faith.  We were asked to defend the litigation, and obtained a series of summary judgment rulings in federal district court vindicating both the clients’ coverage decisions and their handling of the claim.

When a crane collapsed and damaged a commercial office building, the separate project to build out tenant improvements within the building was significantly delayed.  The tenant improvements contractor sought coverage for the resulting expense from the builders risk insurer for those tenant improvements.  We assisted the builders risk insurer in addressing those coverage claims, and in defending a lawsuit that then was brought that claimed that the denial of coverage was wrongful and in bad faith.  We presented summary judgment arguments to the federal district court on the coverage and claim handling issues, and the client was able to resolve the matter while those were pending.

There are numerous instances in which all-risk property insurers have turned to us to help them address claims for rot and other building deterioration.  While these seemingly call for straightforward application of exclusions, Washington’s take on the law of “efficient proximate cause” may result in insureds presenting various arguments to avoid those exclusions, depending on the particular language of the exclusions, their preambles, and other policy language.  We’ve helped a number of insurers address and resolve a host of such claims.

When disaster struck at a public utility district’s hydro-electric generation facility, the district’s London-based Difference in Conditions insurers and their national counsel turned to us for help with the coverage, damage, and priority issues that arose when claims for the loss were made under both DIC coverage and all-risk property insurance coverage. We helped shepherd the matter through declaratory judgment litigation in federal court, a multi-week formal appraisal hearing, and an appeal to the Ninth Circuit Court of Appeals, resulting in a complete vindication of our clients’ coverage positions.

A national industrial insurer provided umbrella liability coverage to a local solvents processor who was liable for pollution claims under the Model Toxic Controls Act. Near the end of a long and complicated course of claims, litigation, and remediation, the insurer was faced with competing claims to its near-exhausted coverage limits, as well as allegations of extra-contractual liability from several competing insureds (or purported insureds). The insurer turned to us for assistance, which took the form of immediately filing an interpleader and declaratory judgment action in federal court to resolve the competing claims and head off allegations of wrongdoing. With that in place, the client was able to resolve the claims in a comprehensive mediation ordered by the court.

Mike Ricketts also devotes a substantial portion of his practice to appeals. Representative appellate cases include the following:

• Ashland Inc. v. Long, 555 Fed. Appx. 692 (U. S. Ninth Circuit Court of Appeals)
• Braaten v. Saberhagen Holdings, et al., 165 Wash.2d 373, 198 P.3d 493 (Washington Supreme Court)
• Federated Rural Elec. Ins. Corp. v. Certain Underwriters at Lloyds, 293 Fed. Appx. 539 (U. S. Ninth Circuit Court of Appeals)
• Ambach v. French, 141 Wash. App. 782; 173 P.3d 941 (Washington Court of Appeals)
• Wilcox v. Lexington Eye Institute, 130 Wash. App. 234, 122 P.3d 729 (Washington Court of Appeals)
• Olympic Pipe Line Co. v. Pacific Employers Ins. Co., 128 Wash. App. 1003 (Washington Court of Appeals)
• Spokane County v. Specialty Auto and Truck Painting, Inc., 153 Wash.2d 238, 103 P.3d 792 (Washington Supreme Court)
• Olympic Pipe Line Co. v. Somerset Marine, Inc., 124 Wash. App. 1004 (Washington Court of Appeals)
• Puget Sound Energy, Inc. v. Alba General Ins. Co., 149 Wash.2d 135, 68 P.3d 1061 (Washington Supreme Court)
• Port of Seattle v. Lexington Ins. Co., 111 Wash. App. 901, 48 P.3d 334 (Washington Court of Appeals)
• A. Mortenson Co., Inc. v. Timberline Software Corp., 140 Wash.2d 568, 998 P.2d 305 (Washington Court of Appeals)
• Aluminum Co. of America v. Aetna Casualty & Surety Co., 140 Wash.2d 517, 998 P.2d 856 (Washington Supreme Court)
• Hillhaven Properties, Ltd. v. Sellen Constr. Co., Inc., 133 Wash.2d 751, 948 P.2d 796 (Washington Supreme Court)
• Sunbreaker Condominium Assoc. v. Travelers Ins. Co., 79 Wash. App. 368, 901 P.2d 1079 (Washington Court of Appeals)

EDUCATION

J.D., University of Washington School of Law, 1979
B.A., Economics, Whitman College, 1976

JURISDICTIONS ADMITTED TO PRACTICE

Washington State Courts
Oregon State Courts
U.S. District Court, Western District of Washington
U.S. District Court, Eastern District of Washington
U.S. District Court, District of Oregon
U.S. Court of Appeals, Ninth Circuit
Pro hac vice admissions, resulting in appearances in particular cases in courts in the states of Alaska, Arizona, California, Idaho, Montana, and Nevada

PROFESSIONAL & BAR ASSOCIATION MEMBERSHIPS

American Bar Association
    Litigation section
    Torts and Insurance Practice section
    Property Insurance Subcommittee

Washington State Bar Association
    Litigation Section

King County Bar Association
    Officer (Treasurer) and Director, 2019 – 2021
    Judicial Evaluation Committee (Chair 2007-2008)
    Judiciary & the Courts Committee

The Defense Research Institute

American Board of Trial Advocates

Federal Bar Association of the Western District of Washington

Washington Defense Trial Lawyers Association

PROFESSIONAL HISTORY

Joined firm 2008
Kingman, Peabody, Fitzharris & Ringer, P.S., 1986-2007
Burns & Ricketts, P.S., 1982-1986
Foulds, Felker, Johnson & McHugh, P.S., 1979-1982
Member, GTH Board of Directors, 2013 – 2019

HONORS & AWARDS

Selected for the Washington Super Lawyers lists, 2015 – present
Rated AV-Pre-eminent by Martindale Hubbell