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Seth Row

I take a practical, solution-driven approach to business disputes, with a focus on our client’s objectives and business goals, both short- and long-term. Insurance companies are tough adversaries, and in those cases, it is particularly critical to listen to and understand our client’s needs. Despite my record of victories in the courts, I understand that not every dispute requires win-at-all-costs litigation to be a success, so I work with each client to understand and meet their goals. Quotation mark
Seth Row
Seth Row
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About Seth

Seth Row is co-chair of the firm’s insurance recovery practice team and focuses his litigation practice primarily on insurance coverage disputes—exclusively on the policyholder side. In his more than 20 years of practice, he has assisted clients in recovering millions of dollars under nearly every kind of insurance policy, including property, business income, Directors & Officers, representations & warranties, marine, and cyber-risk policies. Seth has litigated several issues of first impression in Oregon, including the duty to defend EPA enforcement actions under long-tail liability policies, coverage for intellectual property and timber trespass disputes, and recovery of attorney fees.

Seth also has considerable experience in a broad range of business litigation, including transaction-related breach of contract claims and commercial torts. His clients range from banks, manufacturers, publicly traded entities, and technology startups to agriculturalists, non-profits, colleges, and universities.

A frequent speaker, advisor, and author on insurance law, Seth is also the editor of Miller Nash’s insurance-coverage blog, The Northwest Policyholder.

Representative Experience

  • Insurance Recovery Litigation Plus
    • Represented manufacturer in obtaining coverage for advertising injury claims, resulting in advantageous settlement after successful appeal to the Ninth Circuit.

    • Achieved positive outcome for our client with a successful suit against property insurer over coverage for damage to safety equipment caused by fire at agricultural products warehouse.

    • Represented family-owned machinery company, at trial and on appeal, over long-tail coverage for environmental claims at Portland Harbor Superfund site. This resulted in pro-policyholder decision on multiple issues of first impression regarding duty to defend EPA information requests and “PRP” letters, and constitutionality of Oregon statutes.

    • Successfully appealed trial court rulings on issues of first impression in Oregon involving coverage for timber trespass claims asserted against logging company, resulting in complete victory for client, including award of attorney fees.

    • Represented buyer of hospitality businesses over breaches of representations and warranties in sales agreement.

    • Following dispositive motions practice in Washington state court, achieved a favorable settlement in a negligence suit against an accounting firm over failure to maintain an insurance policy.

    • Represented a technology start-up at trial in dispute with government contractor, resulting in complete jury verdict and award of fees.

    • Achieved dismissal from protracted personal injury litigation for subcontractor, based on indemnity clauses in marine contract.

Industries Served

Practice Areas

Education

  • J.D., Georgetown University Law Center, cum laude, 1998
  • B.A., Yale University, 1995

Bar Admissions

  • Oregon, 2002
  • Washington, 2002

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit, 2012
  • U.S. Bankruptcy Court, District of Oregon, 2008
  • U.S. District Court, Western District of Washington, 2006
  • U.S. District Court, Eastern District of Washington, 2006
  • Oregon Supreme Court, 2002
  • Washington Supreme Court, 2002
  • U.S. District Court, District of Oregon, 2002
              

     

Activities

Professional Plus
  • Multnomah Bar Association
    • board of directors, member
    • Equity, Diversity, and Inclusion Committee, member, 2016-2018
    • CLE Committee, member; past-chair, 2012-2016
  • American Bar Association
    • Section of Litigation, Division II Co-Director
    • Section of Litigation, Content Management, committee member, 2012-2015; co-chair, 2015-2018
    • Section of Litigation, Insurance Coverage Litigation Committee, social media co-chair, 2016-2018
    • Section of Litigation, Pretrial Practice & Discovery Committee, editor, 2009-2012
  • Oregon State Bar
  • Washington State Bar Association
  • Federal Bar Association, board of directors, 2004–2009

Recognition

  • Selected for inclusion in The Best Lawyers in America© in Insurance Law and Litigation–Insurance, 2020-present
  • Selected for inclusion as an Oregon Super Lawyer, 2015-present
    • Selected to Rising Stars, 2009-2013

Insights from Seth

Seth is a prolific writer on various topics. Following is a listing of publications since 2015. A complete list is available upon request.

Seth is a frequent speaker on various topics. Following is a listing of presentations since 2015. A complete list is available upon request.

  • "Business Interruption Issues Facing Health Care," Oregon Medical Association, webinar (Mar. 2021)
  • “COVID-19 Business Interruption Insurance Litigation,” Multnomah Bar Association, CLE webinar, panelist (Jan. 2021)
  • “Representation and Warranty Insurance and Business Interruption Insurance,” Oregon State Bar Association Business Law Section, Current Developments in Business Law webinar (Nov. 2020)
  • “Extra-Contractual Issues and Exposures,” The Seminar Group, Northwest Insurance Law seminar (Oct. 2020)
  • “Coronavirus Insurance Litigation,” The Seminar Group, Insurance Considerations Relative to COVID-19, webcast (Sept. 2020)
  • “Reopening Guidance for Museums, Zoos, and Gardens,” Oregon Cultural Advocacy Coalition, webinar, panelist (June 2020)
  • “COVID-19 @ Work: Straight Talk Series - Session II: Business Interruption Insurance Coverage,” Employment Law Alliance, webinar (May 2020)
  • “Cybersecurity Risk & Insurance Coverage,” Washington Department of Financial Institutions, FDIC Bank Executive Forum, panelist (Mar. 2020)
  • “Coronavirus in Construction Webinar: Key Issues and Best Practices for Projects and Personnel,” Miller Nash Graham & Dunn, webinar (Mar. 2020)
  • “The Vaping Injury Crisis: Products Liability & Insurance Coverage Issues for Nicotine and Cannabis Industries,” American Bar Association, Section of Litigation CLE (Jan. 2020)
  • “The Executive Director’s Risk Management Toolbox,” The Nonprofit Association of Oregon, Nonprofit Leaders Network Session (Oct. 2019)
  • “Insurance for Real Estate Lawyers,” Oregon State Bar Real Estate & Land Use Section, CLE presentation (June 2019)
  • “A Common Interest in Cooperation: How to Protect Privilege and Policy Benefits When Reporting to Liability Insurers,” American Bar Association, 2018 Insurance Coverage Litigation Committee CLE Seminar (Mar. 2018)
  • “Using Drones: What Subcontractors Need to Know,” American Subcontractors Association (Oct. 2017)
  • “Cyber Risk for Corporate Counsel and Risk Managers—What You and Your Company Need to Know,” Vestas Wind Energy, CLE presentation (June 2017)
  • “Navigating Cyber Risk,” Miller Nash Graham & Dunn (June 2017)
  • “Co-Insurance and Other Traps in First-Party Coverage,” Risk Management Society, organizational meeting (Nov. 2016)
  • “Contractors Insurance and Liability,” Southwest Washington Contractors Association, Business Seminar (Oct. 2016)
  • “Insurance Coverage for Small Businesses,” Multnomah Bar Association, CLE webinar (Oct. 2016)
  • “A Closer Look at Insurance Provisions in Business and Commercial Agreements,” Oregon State Bar, CLE Panelist (June 2016)
  • “Cyber Security and Cyber Insurance Panel,” Miller Nash Graham & Dunn, 21st Annual CEO Brainstorming Meeting, panelist (June 2016)
  • “Insurance Coverage—Strategies to Protect Your Business,” Miller Nash Graham & Dunn, Vancouver Breakfast Roundtable (May 2016)
  • “Effective Representation—Privacy and Data Security for Counsel,” Willamette University College of Law, one-day symposium (Feb. 2016)
  • “Insurance Coverage—Strategies to Protect Your Business,” Miller Nash Graham & Dunn, Breakfast Roundtable series (Feb. 2016)
  • “Environmental Insurance,” The Seminar Group, Comprehensive Insurance Law Conference (Oct. 2015)
  • “Cyber Coverage,” in-house continuing education course (July 2015)
  • “Cyber Coverage,” in-house continuing education course (June 2015)
  • “Presenting Expert Witnesses at Trial,” Multnomah Bar Association, moderator (Mar. 2015)
Collaborations