Kevin M. Winters is a civil litigation attorney practicing at Winters Law, PLLC
in Lake Forest Park just north of Seattle. Mr. Winters represents individuals
and small businesses in court in these kinds of cases:
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- Insurance bad faith
- Probate and elder law disputes
- Personal injury claims
- Insurance coverage and claims
- Consumer Protection Act (CPA)
- Insurance Fair Claims Act (IFCA)
- Wrongful death
- Contractor disputes
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Mr. Winters is the author of the Underinsured Motorist (UIM) chapters of the
2010 and 2018 Washington State Association for Justice (WSAJ) Motor Vehicle
Litigation Deskbook.
Most of Mr. Winters' cases start in State Superior Courts in King and
Snohomish Counties and in the U.S. federal court in Seattle. Mr. Winters
has also litigated cases in Pierce, Island, Kitsap, Spokane, and other counties,
and has even litigated in Vancouver, British Columbia. He has successfully
litigated numerous appeals in both state and federal appellate courts.
Mr. Winters has been selected by litigating parties to serve as the Arbitrator
of their case more than 40 times.
Mr. Winters' goal in every case is to obtain for his client the best possible
result as quickly and efficiently as possible. Finding creative paths to the
best possible result has been the key to Mr. Winters' success in many cases over the years:
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In Anderson v. State Farm Insurance Mr. Winters' client prevailed when he convinced the Court of Appeals to hold for the first time that an automobile insurer which does not tell its insured about coverages available after a collision commits bad faith claims handling and violates the Consumer Protection Act as a matter of law
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In In Re Estate of Krappes his client won both a bench trial and an appeal when he persuaded the courts to follow equitable principles instead of a bank account statute in determining that his client was the proper beneficiary of the account
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In Lenzi v. Redland Insurance Mr. Winters' client prevailed in the trial court and in the Supreme Court when the courts held that an insurance company's obligation to pay policy benefits is determined by a default judgment against an uninsured driver
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In In Re Estate of Lillian Cora Johnson, decided in July 2018, Mr. Winters' client kept her ownership of substantial funds as the joint account with right of survivorship beneficiary of a bank account despite a police investigation, a recommendation of criminal prosecution, a lawsuit against her, and an unsuccessful appeal against her litigated by a former Supreme Court Justice
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In a motor vehicle collision on Vancouver Island in British Columbia, Mr. Winters litigated in Canadian Court to a 7-figure recovery for his clients
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In Estate of Connelly Mr. Winters succeeded in getting the trial court's technical dismissal of his client's wrongful death claim against a school district reversed and sent back to the trial court where it was ultimately settled
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Mr. Winters' clients made a sizable, confidential recovery in a wrongful death case against multiple defendants when a warning bell on large, wheeled, cargo-handling equipment stopped working at the Port of Seattle
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Obtained a jury verdict of $304,284.14 in a shopping cart tip-over case, after the defendant's insurance company offered less than $35,000.00 in settlement before trial
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Mr. Winters prevailed at trial on a Consumer Protection Act claim against a used car dealership, forcing the defendant to pay his client's damages, penalty damages, and attorney fees
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Mr. Winters obtained for his client a successful recovery from his client's insurance company, including payment of his client's attorney fees, by proving to the U.S. Ninth Circuit Court of Appeals that a single word in the insurance policy rendered its meaning deceptive so that the client's signed waiver of coverage was unenforceable
Mr. Winters earned his law degree in 1997 from the University of Washington Law School, graduating with Order of the Coif honors. Prior to law school, Mr. Winters worked as a consumer advocate for state-regulated utility customers at the Public Counsel Section of the Attorney General's Office in Seattle. Mr. Winters earned his undergraduate degree from Carleton College in Northfield, Minnesota in 1988. He also used to work at Hawkes Law Firm in Shoreline.
In his personal time, Kevin's favorite things to do are cook for his family, go skiing with his three sons (21, 19, and 17), read, listen to music, perform (minor) household repairs, and provide unskilled labor for his wife's gardens.