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Christopher
W. Nicoll
Member
Practice Areas
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Maritime
Litigation and Transactions
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Insurance
Coverage Advice and Litigation (focus on Marine
Insurance)
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General
Commercial Litigation
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Appellate
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Personal
Narrative
A father of three, Chris
received his B.A. degree from Boston College and his J.D.
from the University of Idaho College of Law where he was a
law review author and editor and was inducted into the Order
of Barristers. Prior to entering private practice, Chris was
a prosecuting attorney in Sun Valley, Idaho and a Judge
Advocate in the U.S. Navy, attaining the Rank of Lieutenant
Commander. While a Judge Advocate, Chris handled several
noteworthy cases, including the 1984 collision of the USS
KITTY HAWK with a Soviet nuclear submarine, an underwater
allision involving a U.S. submarine, and the Iraqi missile
attack on the USS STARK in 1987.
Chris began his
private practice, focusing on maritime law and insurance in
1988, working for Vinson &
Elkins in Houston, Texas. While there he represented vessel
owners, oil rig owners and operators, and Underwriters.
Chris moved to Seattle in 1991 to join the maritime practice
at Bogle & Gates, where he continued to represent vessel
owners and insurers and was elected to the partnership in
1993. Chris left Bogle & Gates in 1997 to join the maritime
practice at Lane Powell Spears Lubersky, continuing to
handle litigation in cargo matters, collisions, sinkings,
groundings, fires, marine insurance coverage, tug and tow,
ship construction and repair, personal injury, wrongful
death, arrests and appeals. Chris left Lane Powell with many
of his colleagues and joined Cozen O’Connor as a Senior
Member in 1999 where he continued his maritime, energy and
insurance practices. In 2004, Chris left Cozen O’Connor to
form Nicoll Black where his marine and insurance practice
has continued to grow.
Chris is licensed to practice
in Washington, Texas (inactive) and Idaho (inactive), is a
Proctor of Admiralty in the Maritime Law Association of the
United States, and is a former Vice-Chair of the Admiralty
and Maritime Law Committee of the Tort & Insurance Practice
Section of the American Bar Association. Chris is a regular
lecturer and author on maritime and insurance topics, has
been featured in the National Law Journal and selected as a
“Super Lawyer” multiple times by Washington Law and
Politics. Chris has tried hundreds of cases to successful
conclusion in the course of his career.
Representative
Matters
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First chair lawyer for plaintiff in
substantial commercial litigation involving
negligent installation of cargo
refrigeration system, resulting in judgment
for plaintiff following trial. Prowler, LLC
v. York International Corp., 2007 WL 2363046
(W.D. Wash., Aug. 14, 2007).
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Represented Lloyd’s of London in Certain
Underwriters at Lloyds, London v. Inlet
Fisheries Inc., 518 F.3d 645 (9th Cir.
2008), where the Ninth Circuit affirmed
summary judgment in favor of Lloyd’s and,
for the first time and despite a conflicting
holding from the Fifth Circuit, concluded
that the doctrine of uberrimae fidei is an
established rule of marine insurance.
Aggressively defended ship owners and their
insurer in dozens of personal injury
lawsuits filed in Washington and Alaska.
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Formed various business entities, including
their internal corporate documents, and
ensured compliance with corporate
formalities.
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Represented buyers and sellers in
multi-million dollar real estate
transactions.
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Defended vessel owners and insurers in state
and federal courts in disputes arising from
personal injuries, wrongful deaths,
collisions, oil spills, contract disputes
and cargo damage.
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Defended web-based business in commercial
litigation claim alleging illegal and unfair
advertising.
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Successful defense of pleasure craft owners
in multiple lawsuits.
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Investigation and litigation involving
various matters of technical complexity,
such as catastrophic engine failures, fires,
oil spills, and refrigeration release.
Representative Published
Decisions
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Certain
Underwriter’s at Lloyds, London v. Inlet Fisheries, Inc.,518
F.3d 645, 2008 A.M.C. 305 (9th Cir. 2008) (vessel
pollution insurance coverage case establishing utmost
good faith as controlling rule for marine insurance in
the Ninth Circuit)
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Bordeaux Wine Locators Inc. v. Matson Navigation Co.,
185 F.3d 865 (9th Cir. 1999) (COGSA package limit case
for carrier)
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Certain Underwriter’s at Lloyds, London v. Inlet
Fisheries, Inc., 389 F. Supp.
2d 1145 (D. Alaska 2005) (published summary judgment in
favor of Lloyds, enforcing utmost good faith)
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Seaspan International Ltd. Limitation Proceedings,
172 F. Supp. 2d 1314, 2001 AMC 2366 (W.D. Wash. 2001)
(limitation of liability case for owner)
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Moe
v. Key Bank, 2000 AMC 2651 (W.D.
Wash. 2000) (summary dismissal of vessel owner’s suit
against lender for damages under Jones Act and general
maritime law)
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Fireman Fund Insurance Co. v. Alaskan Pride,
1994 AMC 2369 (W.D. Wash. 1994) (hull coverage
litigation arising from sinking of crabbing vessel)
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Strok
v. F/T Northern Jaeger, 1992 WL 503590, 1993
A.M.C. 1290 (W.D.Wash.1992) (dismissal of Jones Act
claims for failure to provide expert evidence of
causation)
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Glover v. State of Alaska,
142 Wash. App. 442, 174 P.3d 1246, 2008 A.M.C. 177,
(Wash. App. 2008) (dismissal of Jones Act case against
State of Alaska on constitutional grounds)
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Coast to Coast Seafood v. Assurances Generales,
112 Wash. App. 624, 50 P.3d 662 (2002) (cargo insurance
coverage related to fraud by cargo seller)
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Kimta AS v. Royal Insurance Company,
102 Wash. App. 716, 9 P.3d 239 (2000) (cargo insurance
coverage litigation involving the FC&S Clause)
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Wolstein v. Yorkshire Insurance Co.,
97 Wash. App. 201, 985 P.2d 400 (1999) (marine builder’s
risk coverage litigation)
Education
Boston
College, B.A. 1977
University
of Idaho College of Law, J.D. 1980
Professional
Experience
Vinson & Elkins, Houston,
1988-1991
Bogle & Gates, Seattle,
1991-1997
Lane Powell Spears
Lubersky, Seattle, 1997-1999
Cozen O’Connor, Seattle,
1999-2004
Nicoll Black & Feig,
2004-Present
Bar Memberships
Washington, Texas
(inactive) and Idaho (inactive)
U.S.
District Court, Western District of Washington
U.S. Court
of Appeals, Ninth Circuit |
