wscd Jacobi
As a lawyer, my goal is to resolve disputes, not create them; and to do that, I try to provide my clients with a realistic assessment of the merits and a practical, cost effective strategy for resolution, whether through negotiation, arbitration, litigation or appeal.

Jacobi, David M. - Of Counsel

David Jacobi’s practice emphasizes insurance, reinsurance, and contract law. David has served clients in an advisory capacity and as counsel in matters in arbitration, trial courts, and on appeal. During the course of almost 30 years of practice, he has also represented clients in matters involving construction defects, professional liability, product liability, hazardous waste, and intellectual property. David has been appellate counsel in scores of cases in the state and federal appellate courts and is a member of the Washington Appellate Lawyers Association.

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Education

  • University of Oregon School of Law – J.D., magna cum laude, 1983.
    • Order of the Coif.
    • Winner of Wayne Morse appellate moot court award
    • Member of National Moot Court team.
  • Columbia University (New York) and University of Washington – B.A., cum laude, 1980.

Bar Admissions

  • Supreme Court of Washington
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Courts, Eastern and Western Districts of Washington
  • United States Supreme Court

Notable Results

Obtained reversal of trial court’s grant of a new trial, on grounds of alleged juror misconduct, after defense verdict in favor of our clients. Naness v. Canterbury Shores Owners Assoc., 2010 WL 1432959.

Obtained reversal and vacation of multimillion dollar judgment entered against our client by default, after trial court refused to vacate judgment despite “informal appearance” of defense counsel. Sacotte Const. Inc. v. National Fire & Marine Ins. Co., 143 Wn. App. 410, review denied, 124 Wn.2d 1026 (2008).

Secured order compelling arbitration of cedent’s claims for facultative reinsurance for a $15 million settlement of claims related to pollution and contamination from a recycling facility. After extensive discovery, the Arbitration Panel subsequently dismissed the cedent’s claim on dispositive motion, finding that the settlement should not have been covered under the underlying policy and that our reinsurer/client was not required to “follow the fortunes” of the reinsured.

Ceding insurer issued aggregate billings for premises/operations claims under excess-of-loss treaties that provided coverage per occurrence, excess of the stated retained limit. After an evidentiary hearing, the arbitration Panel held the aggregate cessions were improper and dismissed the cedent’s claims in full, saving our client reinsurer over $10 million.

As lead counsel for defendant Northern Lights, obtained summary judgment dismissing trademark infringement and Consumer Protection Act claims that our client’s product infringed the plaintiff’s alleged design trademark. Glassybaby, LLC v. Provide Gifts, Inc. & Northern Lights Enterprises, Inc., 2011 WL 4571876, 102 U.S.P.Q.2d 1155 (W.D. Wash. 2011).

Professional and Civic Involvement

  • Washington Appellate Lawyers Association (WALA)
  • Washington State Bar Association, Appellate Law section
  • King County Bar Association, Appellate Law section
  • Defense Research Institute (DRI), Insurance Law section

Personal Interests and Activities

Consultant to importer of estate and negociant bottled Burgundy wines, freelance wine writer and frequent visitor to the Burgundy and Champagne wine regions.

Father of the world’s spunkiest twelve-year-old girl.