Megan K. Kirk

Member

Megan's practice emphasizes both insurance coverage matters and civil appeals in state and federal courts.

Megan counsels insurers on complex and emerging coverage disputes for claims arising throughout the world in a wide variety of contexts, including toxic torts, product liability, environmental liability, professional liability, and casualty claims. She has extensive experience evaluating coverage issues under general liability, pollution liability, Bermuda Form, professional liability, errors & omissions, excess, and personal lines policies. Additionally, Megan advises insurers on policy drafting and complex risk exposure evaluations.  She also has extensive experience representing insurers in coverage and bad faith litigation involving a wide range of liability insurance claims at both the trial and appellate court levels.

Megan’s civil appellate practice includes advising and representing clients on all aspects of the appellate process in complex commercial disputes, including advising and partnering with trial counsel to ensure effective preservation of issues for appeal. 

Before entering private practice, Megan served as a clerk to the Honorable Ann Schindler at the Washington State Court of Appeals, Division I.

Megan’s recent volunteer efforts have focused on supporting local schools and community groups, including Girl Scouts of Western Washington, where Megan has worked in a variety of roles, including Troop Leader, Service Unit Product Manager, volunteer-led camp Director, and archery instructor. Megan’s legal practice has also included the provision of pro bono legal services to indigent defendants in civil litigation and advising arts education and veteran’s services non-profit organizations in matters involving contract disputes, corporate governance, employment, risk management, and intellectual property issues.

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Experience

Publications

Court Invalidates Exception to Tolling Provision for Medical Malpractice Cases Brought by Minors [Global Insurance Alert]

February 10, 2014

In Schroeder v. Weighall, the Washington Supreme Court invalidated another portion of Washington’s medical malpractice reform legislation. Specifically, the court invalidated RCW 4.16.190(2), which had eliminated the tolling of the statute of limitations for medical malpractice claims brought by those who alleged malpractice in their care as minors. The court held that the statute violated Article I, Section 12 of the Washington State Constitution, and reversed the trial court’s summary judgment order dismissing Jaryd Schroeder’s medical malpractice action.

Utah Court of Appeals Relies on Wikipedia to Determine Common Meaning of Term Used in Insurance Policy Exclusion [Global Insurance Alert]

October 04, 2012

Utah Court of Appeals Relies on Wikipedia to Determine Common Meaning of Term Used in Insurance Policy Exclusion - Global Insurance Alert - In Fire Insurance Exchange v. Oltmanns, 2012 UT App 230 (2012),the court determined the term “jet ski” as used in an exclusion in a homeowner’s policy was ambiguous, based in part on a Wikipedia definition of the term.

Washington Court Concludes Umbrella Insurer Has a Duty to Defend Suit Against Insured Even Though Underlying Primary Insurer Similarly Has a Duty to Defend [Global Insurance Alert]

July 27, 2012

Washington Court Concludes Umbrella Insurer Has a Duty to Defend Suit Against Insured Even Though Underlying Primary Insurer Similarly Has a Duty to Defend - Global Insurance Alert - In a surprising unpublished decision, the Washington State Court of Appeals recently ruled that an umbrella insurer had a duty to defend a suit against its insured despite the fact the underlying primary insurer had also previously been found to have a duty to defend the same parties in the same suit.

Commercial General Liability: Hawai’i State Court Holds that Construction Defect Claims Do Not Constitute an “Occurrence” [Insurance Coverage Alert!]

June 11, 2010

Commercial General Liability: Hawai’i State Court Holds that Construction Defect Claims Do Not Constitute an “Occurrence” - Insurance Coverage Alert! - As predicted by the U.S. District Court in Hawai’i and the U.S. Court of Appeals for the Ninth Circuit Court in several cases decided in the past 15 years, the Intermediate Court of Appeals of Hawai’i recently held that construction defect claims do not constitute an “occurrence” under a commercial general liability (“CGL”) policy. Group Builders Inc. and Tradewind Ins. Co., Ltd. v. Admiral Ins. Co., 2010 Haw.App. LEXIS 234 (May 19, 2010).

Winter 2010 [Insurance Coverage Observer]

February 21, 2010

Winter 2010 - Insurance Coverage Observer -

Events & Seminars

Past Events

2014 Seattle Insurance Seminar

September 25, 2014 - Seattle, WA

2013 Seattle Insurance Conference

September 25, 2013 - Seattle, WA

Industry Sectors

Education

  • University of Washington School of Law, J.D., 2002
  • University of Chicago, B.A., 1998

Awards & Honors

Super Lawyers Rising Star (Washington) 2009-2012, 2015-2017

  • Washington
  • Oregon
  • U.S. District Court -- Western District of Washington
  • U.S. District Court -- Eastern District of Washington
  • U.S. District Court -- Oregon
  • U.S. District Court -- Western District of Wisconsin
  • U.S. Court of Appeals for the Ninth Circuit

The Honorable Ann Schindler, Washington State Court of Appeals, Division I, Law Clerk, 2003-2005