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Carl E. Forsberg, Mediator

 

Carl is retiring January 1, 2025, from Forsberg & Umlauf, the defense litigation firm he founded with R. Umlauf 32 years ago.  He is retiring from the active practice of law after 41 years of a heavy litigation and trial practice; first as an ADA in Anchorage, AK and then in his civil trial practice at Forsberg & Umlauf (1992 – 2024).  

 

Carl is available for mediation of litigated and non-litigated matters; including 1st and 3rd party commercial general liability, inter-insurer coverage disputes and any related underlying claims, including homeowners, auto, Directors & Officers, Insurance Fair Conduct Act (IFCA) and other insurance coverage and alleged bad faith claims, as well as vehicle accident, commercial, personal injury, premises and sex abuse claims.

Legal Experience:

​​​

  • Asbestos and Toxic Tort 

  • Bad Faith Cases

  • Commercial Litigation

  • Criminal Defense and Prosecution

  • Employment Litigation

  • Insurance Coverage

  • Maritime and Longshore and Harbor Workers Claims

  • Premises Liability

  • Vehicle Accidents

Education:

J.D., Pepperdine University School of Law, 1983

B.A., Gonzaga University, 1980, magna cum laude

  • History / Political Science and Secondary Education

Mediating the Litigated Case, Straus Institute, Pepperdine Caruso School of Law

 

Bar/Court Admissions:

State of Alaska

State of Washington

State of Oregon

U.S. District Court, District of Alaska

U. S. District Court, Eastern District of Washington

U. S. District Court, Western District of Washington

U.S. Court of Appeals, Ninth Circuit

 

Recognition:

  • “Judicial AV Preeminent” Martindale-Hubbell rating, highest rating obtainable by a member of the legal community, since 1994

  • Defense Trial Lawyer of the Year, Washington Defense Trial Lawyers, 2010

  • Outstanding Lawyer of the Year, King County Bar Association, 2013

  • President’s Award, King County Bar Association, 2018

  • Super Lawyer, 2001 – 2024

  • Super Lawyer Business Edition, 2009 – 2024

  • Super Lawyer, Top 100 Lawyers, 2010 – 2011, 2013 – 2024

  • Seattle Met Magazine Washington Top Lawyers, 2010, 2012 – 2023

  • Seattle Met Magazine Top 100 Lawyers in Washington, 2013 – 2023

  • Chambers USA Leading Individual – Insurance, Litigation Band 1

  • Fellow, American College of Coverage Counsel, 2023 - 

 

Professional & Civic Involvement:

 

  • King County Bar Association

    • First Vice President 2020/21

    • Judicial Evaluation Committee, Member 1999 – present, Committee Chair 2013 – 2022

    • Judicial Screening Committee, Member 2000 – 2023, Co-Chair 2004 – 2005

    • 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 Environmental Claims Association, 1997 – 2004, President, 1997 – 2000

  • National Institute of Trial Advocacy, Instructor, 1997 – Present

  • Washington Defense Trial Lawyers, 1999 – Present

  • Northwest Insurance Coverage Association, 2000 – present, President, 2000 – 2001

  • Council on Litigation Management, Member, 2010 – Present

  • Washington State Bar Association

  • Oregon Bar Association

  • Alaska Bar Association

 

Articles & Presentations:

 

  • Moderator:  “Panel Discussion:  Preparing and Conducting a ‘Dual Mediation’ with Coverage and Defense Issues,” Washington Defense Trial Lawyers (WDTL), May 10, 2024

  • Presenter:  “Claim File Documentation and Privilege Webinar,” April 9, 2024

  • Presenter:  “Claims Handling Considerations for Washington and Oregon,” November 6-7, 2023

  • Presenter:  “Preparing Your Claims Representative Client for Deposition Testimony,” Washington Defense Trial Lawyers (WDTL), May 5, 2023

  • Presenter:  “Estimating Costs and Potential PRP Liability at Sediment CERCLA Sites,” Environmental and Emerging Claim Manager Association (EECMA), April 21-22, 2023

  • Presenter:  “Washington Claims Handling Best Practices,” March 13, 2023

  • Presenter:  “WA - OR Long-Tail Claims Handing Best Practices,” November 29-30, 2022

  • Presenter:  “Colmac / Xia Scenario Update and Strategy,” October 10, 2022

  • Presenter:  “Case Law - Litigation Trends - Certain Superfund Sites,” October 11, 2022

  • Presenter:  “Claims Handling Update for Washington and Oregon,” October 26-27, 2022

  • Presenter:  “Washington Law Spotlight - Asbestos Exclusions in light of Xia v. ProBuilders Specialty,”  August 10, 2022

  • Presenter:  “Case Law / Trends Update,” October 19, 2021

  • Presenter:  “Washington and Oregon Long-Tail Claims Handling,” October 6-7, 2021

  • Presenter:  “Zoom Jury Selection,” King County Bar Association (KCBA) / King County Superior Court, July 23 and 30, 2020

  • Presenter:  “Insurance Coverage Considerations for Coronavirus Claims in Washington and Oregon,” May 12, 2020

  • Presenter:  “Trial Preparation from Start to  Finish,” National Business Institute (NBI), November 1, 2019

  • Presenter:  “The Effective Use of Demonstrative Evidence and Preparing Your Client for Deposition and Trial Testimony,” National Business Institute (NBI), November 1, 2019

  • Presenter:  “Seminar with Insurance Law Update; Lost Policy Considerations; Bad Faith / Covenant Judgments; LDWW / PHSS Update,” October 3, 2019

  • Presenter:  “Use of Documents and Laying Foundations in Depositions,” National Institute for Trial Advocacy (NITA), July 24-25, 2019

  • Presenter:  “Taking and Defending Depositions in Personal Injury Litigation,” February 26, 2019

  • Faculty:  2018 Northwest Deposition Program, “Use of Documents & Laying Foundations in Depositions,” National Institute of Trial Advocacy (NITA), August 1-2, 2018

  • Presenter:  “Taking Depositions and Defending your Client’s Deposition,” 2018 WAPA Summer Training Program, Washington Association of Prosecuting Attorneys, June 22, 2018

  • Presenter:  “History and Current Trends with Claim Bar Orders,” Washington Defense Trial Lawyers (WDTL), April 23, 2018

  • Presenter:  “Preparing and Defending your Client’s Deposition,” Washington Defense Trial Lawyers (WDTL), March 9, 2018

  • Presenter:  “Cross Examination of a Plaintiff’s Medical Expert,” (American Board of Trial Advocates), November 9, 2017

  • Presenter:  “Update on Coverage and Bad Faith Cases in 2017” 

  • Presenter:  “Preparing Clients to be Deposed and the Deposition of a Client Witness,” November 3, 2017

  • Presenter:  “Model Toxics Control Act (MTCA) Environmental Insurance Law Update,” September 28, 2017

  • Faculty:  NITA’s “Building Trial Skills Program – Theme / Theory; Direct; Cross, Impeachment and Rehabilitation,” July 17-18, 2017

  • Presenter:  “Defendant’s Deposition Preparation and Defending,”  Washington Defense Trial Lawyers Association (WDTL), July 13, 2017

  • Presenter:  “Trial Preparation from Start to Finish,” IPE, June 28, 2017

  • Attorney Retreat:  “Identifying and Curbing Litigation Process and Discovery Abuse,” June 23, 2017

  • Featured Speaker:  “Perez-Crisantos Decision Analysis and Follow Up,” Claims and Litigation Management Alliance (CLM), June 21, 2017

  • Presenter:  “Resolution:  The Only Good Claim is a Closed Claim,” 6th Annual PSAA Spring Symposium Claims College, March 24, 2017

  • Faculty:  “Taking and Defending Defendant’s Depositions,” Seattle U, February 23, 2017

  • Faculty:  “Defendant’s Depositions,” Seattle U, February 23, 2017

  • Faculty:  “Avoiding Weakness in your Closing Statement (Argument)” and “Presenting Technical Expert Testimony to the Jury,” National Business Institute (NBI), November 16 and 18, 2016

  • Presenter:  “Insurance Law Update,” Washington Defense Trial Lawyers (WDTL), February 29, 2016

  • Featured Speaker:  “Coverage Update and Trends Discussion,” Claims and Litigation Management Alliance (CLM), 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 (NITA), 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,” Washington State Bar Association (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, Society of Chartered Property and Casualty Underwriters (CPCU) Pacific Northwest Chapter Seminar, 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, Washington State Bar Association (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 

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