Bryana L. Blessinger

Bryana is a highly experienced insurance coverage litigator and counselor to clients in the insurance industry. She provides coverage opinions and analysis, as well as representation through all stages of litigation, including case analysis, discovery, pre-trial strategy, and trial. In addition to trying cases, she has arbitrated and mediated numerous cases with favorable outcomes, including complex, multi-million-dollar insurance coverage actions involving property loss, breach of contract, product liability, professional malpractice, business interruption, employment, and environmental claims, as well as bad-faith and extracontractual disputes. She regularly advises insurers regarding pre-litigation coverage disputes arising under commercial general liability, errors and omissions, directors and officers, commercial and personal property, business interruption, automobile, employer’s liability, and employment practices liability insurance policies. Bryana is a member of the Bad Faith and Extracontractual Litigation, Construction Defect Coverage, and Property Loss and Business Interruption subgroups of the firm’s Global Insurance Services practice.

Representative matters include:

• Represented defendant insurer in a million-dollar two-week jury trial in Lane County, Oregon, resulting in a defense verdict for her client
• Successful motion for summary judgment in Oregon District Court, resulting in dismissal of negligence per se claim against insurer client
• Successful motion for summary judgment in Oregon circuit court, resulting in full voluntary dismissal of plaintiff’s lawsuit against insurer client
• Successful settlement of multidistrict first-party litigation against insurer client involving mass tort claims seeking a judgment in excess of $70 million
• Successful settlement of multi-million dollar bad faith lawsuit against insurer client in Washington

 

Bryana has extensive experience in construction litigation and in insurance coverage issues arising under construction defects and design professionals liability policies. She has counseled numerous general contractors, subcontractors, architects and engineers, and others in the construction industry in complex, multimillion-dollar disputes and claims. Representative matters include:

• Obtained dismissal of 11-million-dollar construction liability lawsuit brought against general contractor client through motion for summary judgment

Throughout her career, Bryana has advised numerous businesses in a variety of commercial and employment matters, including warranty regulations, contract negotiation and disputes, reporting requirements, avoiding wage-loss claims, preventing liability in real estate transactions, and maintaining employment handbooks/harassment policies. Representative matters include:

• Represented plaintiff manufacturing company in multi-day bench trial on unjust enrichment claim, with successful resolution on appeal
• Secured a defense verdict for a real estate agent in a multi-day arbitration
• Successful settlement for plaintiff employee client within one week of filing wrongful termination and discrimination suit
• Provided consultation to employee client regarding separation agreement and negotiated favorable terms with prior employer
• Assisted business client by gathering information and drafting documentation to ensure regulatory compliance in numerous states
• Provided Oregon resort with advice regarding golf cart usage on private roads and assisted with drafting waiver and liability agreements

• “Uninsured Motorist and Underinsured Motorist Coverage Compendium,” Oregon Chapter, Defense Research Institute, 2016
• “Getting Straight A’s: How to Impress Outside Counsel and Second Trial Chair” (co-author), Defense Research Institute, The Whisper, 2016
• “The Expanding Definition of ‘Collapse,’” Defense Research Institute, Covered Events, 2015, Issue 6
• “Insurers Not Obligated to Defend in ZIP Code Coverage Suits,” Defense Research Institute, The Voice, June 18, 2014
• “Navigating Polluted Waters: The Impact of Senate Bill 814,” The Verdict: Oregon Association of Defense Counsel Quarterly Magazine, 2014, Issue 1
• “Employment Law,” Recent Case Notes, The Verdict: Oregon Association of Defense Counsel Quarterly Magazine, Spring 2012
• “Medical Malpractice,” Recent Case Notes, The Verdict: Oregon Association of Defense Counsel Quarterly Magazine, Winter 2011
• “New Approach to Definition of Religious Organization Under Civil Rights Act,” The Verdict: Oregon Association of Defense Counsel Quarterly Magazine, Fall 2010

• “Problems with Newly Extended Statutes of Limitation and Sexual Abuse Claims” (Co-Presenter), Defense Research Institute, Insurance Coverage and Practice Symposium, 2019
• “Additional Insured & Contractual Indemnification Coverage Issues in Construction Defect Claims” (Co-Presenter), Property & Liability Resource Bureau, Large Loss Conference, 2019
• “Social Media Ethics for Millennial Lawyers: Don’t End Up in the Limelight for the Wrong Reasons” (Co-Presenter), Defense Research Institute, Young Lawyers Seminar, June 2019
• “Rethinking Discovery on Property Insurance Cases” (Co-Presenter), American Bar Association, TIPS Property Insurance Law Committee Spring Meeting, May 2019
• “You’ve Become a Partner: Now What?” (Co-Presenter), Defense Research Institute, Pathway to Partnership Webinar Series, 2018
• “Adjusting Large & Multi-Claimant Construction Defect Claims: Liability & Coverage Issues” (Co-Presenter), Property & Liability Resource Bureau, Large Loss Conference, 2018
• “Help Us Help You: What the Cooperation Clause Does, How it is Enforceable, and When it is Breached,” Defense Research Institute, Insurance Coverage and Claims Institute, 2018
• “Preparing for Litigation Success: 1st and 3rd Party Claims” (Co-Presenter), Property & Liability Resource Bureau, Western and Central Regional Adjusters Conferences, 2017
• “Directors and Officers Liability Insurance: Avoiding Pitfalls When Serving on a Nonprofit Board” (Co-Presenter), Oregon State Bar CLE Seminar: IRS Exempt Organizations Update and Current Topics for Nonprofits, 2016
• “Determining the Number of Occurrences: Current Trends,” Property & Liability Resource Bureau, Western Regional Adjusters Conference, 2016
• Bullivant Houser Bailey P.C. Pacific Northwest Claims Clinic, (Co-Presenter), 2016