Christensen & Jensen Attorneys

PROFESSIONAL EXPERIENCE

Rebecca joined the firm in 1997, and has been a shareholder and director since 2001.  She is chair of the firm’s Insurance/Bad Faith and Appeals practice groups, and is also active in the firm’s Product Liability section.  She practices extensively in the areas of insurance coverage, bad faith litigation, and product liability litigation, including defending dozens of manufacturers of alleged asbestos-containing products. Prior to joining the firm in 1997, Rebecca practiced for a smaller insurance defense firm in Salt Lake City, and was an Associate General Counsel for the University of Utah for two years. Rebecca has been recognized by SuperLawyers magazine (Thomas Reuters) as one of the Top 50 women attorneys in the Mountain States (Utah, Idaho, Montana, Nevada and Wyoming) (2012) and one of the top lawyers for insurance coverage (2009-present) in the Mountain States.

AREAS OF PRACTICE

Insurance Coverage: Represents and provide coverage opinions to insurers in all lines; represents insurers and insureds in declaratory judgment actions regarding insurance coverage, agency issues and equitable defenses for coverage.  Representative matters include:

• Obtained summary judgment for insurer of owner-controlled insurance program against claims by owner based on untimely notice
• Obtained summary judgment in favor of commercial general liability insurer against claims for defense and indemnification of alleged antitrust violations, ruling upheld by the 10th Circuit Court of Appeals
• Obtained summary judgment for insured business based on whether family member of business owner was insured under commercial automobile policy
• Obtained summary judgment for CGL insurer against claim by exotic dance establishment for defense and indemnification, enforcement of assault and battery exclusion
• Successfully negotiated voluntary dismissal of first-party claims made to commercial property insurer involving rare occurrence of tornado in Salt Lake City

Bad Faith And Commercial Litigation: Provide analysis and litigate claims involving alleged bad faith by insurers and other commercial entities.  Representative matters include:

• Numerous summary judgments granted in favor of insurers for claims of bad faith made by third party claimants
• Negotiated favorable settlement for CGL insurer client involving excess verdict against its insured for large fire loss
• Successfully represented property owner in claims of misrepresentation, concealment and breach of covenant of good faith and fair dealing against real estate developer and builder related to purchase of homes which had significant settling due to poor soil and water conditions

Product Liability Litigation: Represents manufacturers, suppliers, and retailers of a wide variety of different products, from agricultural products to consumer goods.  Representative matters include:

• Won jury trial in favor of toy store retailer involving alleging brain injury to child caused by slide and slide display
• Obtained summary judgment in favor of supplier/retailer of agricultural bucket heater
• Obtained summary judgment for auto auction company in wrongful death case involving alleged claims of design and manufacturing defect in tire
• Obtained numerous summary judgments and voluntary dismissals of claims against manufacturers involving alleged asbestos-or silica-containing products

EDUCATION

• University of Utah, J.D., 1992
• Note & Comment Editor, Journal of Energy, Natural Resources and Environmental Law
• University of Utah, B.A., Political Science major, History and Biology minors, 1988, summa cum laude
• Judicial Intern, Administrative Law Judge John Rampton, U.S. Department of Interior

PROFESSIONAL ASSOCIATIONS & ADMISSIONS

• Admitted to practice in all Utah state and federal courts; U.S. Tenth Circuit Court of Appeals
• Defense Research Institute
• Utah State Bar, Appellate Section
• Salt Lake County Bar

SELECT RULINGS AND OPINIONS

• Hartford Casualty Ins. Co. v. Softwaremedia.com, Case No. 2:10-CV-01098, 2012 WL 965089 (D. Utah 2012) (grant of summary judgement, ruling that insurer owed no advertising injury coverage to software retailer for claims related to copyright infringement of Microsoft products).
• Ohio Casualty Ins. Co. v. Unigard Ins. Co., 2012 UT 1, 268 P.3d 180 (determining method of allocating defense costs among insurers for advertising injury coverage)
• Reagan Natl. Advertising v. Hartford Casualty Ins. Co., 2006 WL 2045836 (10th Cir. 2006) (enforcement of antitrust exclusion in advertising injury portion of commercial general liability insurance policy)
• Monarch Health Sciences, Inc. v. Amazon Thunder, Inc., Case No. 2:07-cv-509, 2007 WL 3549434 (D. Utah 2007) (dismissing website-based unfair competition claims for lack of personal jurisdiction)
• Haymond v. Bonneville Billing & Collections, Inc., 89 P.3d 17 (Utah 2004) (affirming dismissal of Fair Debt Collections Practices Act claims based on plaintiffs’ lack of standing)
• Peterson v. Coca-Cola USA, 48 P.3d 941 (Utah 2002) (determining effect of release signed by employee on liability of employer)
• Harward v. Utah County, 6 P.3d 1140 (Utah 2000) (affirming dismissal of claim based upon non-compliance with Utah Governmental Immunity Act notice requirements)
• West American Ins. Co. v. AV&S, 145 F.3d 1224 (10th Cir. 1997) (interpretation of automobile exclusion and separation of insureds clause in commercial general liability insurance policy within the context of claims against franchise companies for negligent entrustment of vehicle)

COMMUNITY

• President for the Kostopulos Dream Foundation Board of Directors for the 2012-2013 year.
• Vice President for the Kostopulos Dream Foundation Board of Directors. 2011-2012. Kostopulos Dream Foundation is dedicated to improving the quality of life for people with disabilities through recreation, education, and growth experiences. campk.org