Rebecca joined Christensen & Jensen in 1997, and has been a shareholder and director since 2001. She is chair of the firm’s Insurance 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. 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) (2011-2014), one of the top lawyers for insurance coverage (2009-2017) in the Mountain States and one of the TOP Women Attorneys in Utah for 2021. Rebecca was also selected for Utah Business Magazine's "Legal Elite" for 2020 under insurance law. Rebecca is currently C&J’s managing shareholder and has held this position since February 2020. She has also been acknowledged in the Top 50: 2023 Women Mountain States Super Lawyers Top List and included in the Insurance Coverage Super Lawyers list.
AREAS OF PRACTICE
Insurance Coverage:
Represents and provides 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 in favor of professional liability insurer that insurer did not owe defense and indemnification for a judgment entered against a real estate agent where the ruling in the underlying suit held that the agent had and failed to disclose that he had a personal interest in the subject property transactions. Ruling upheld by the Utah Supreme Court. Compton v. Houston Casualty Co., 2017 UT 17, 393 P.3d 305.
- Obtained summary judgment in favor of CGL insurer where claims against insured supplement company did not trigger advertising injury insuring provision and involved the alleged failure of the diet supplement to conform to the advertising statement “eat all you can and still lose weight.” Ruling upheld by the Utah Supreme Court. Basic Research, LLC v. Admiral Ins. Co., 2013 UT 6, 297 P.3d 578.
- 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. Reagan Natl. Advertising v. Hartford Casualty Ins. Co., 2006 WL 2045836 (10th Cir. 2006)
- 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
Bad Faith And Commercial Litigation:
Provide analysis and litigate claims involving alleged bad faith by insurers and other commercial entities. Representative matters include:
- Obtained dismissal of defamation suit brought against automobile insurer alleging that insurer defamed plaintiff insured by reporting insurer’s determination of insured’s fault in causing an automobile accident to a national insurance claim reporting agency
- 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
SELECT LECTURES AND PUBLICATIONS
Co-Author of the Utah Chapter of Reasonable Expectations: Interpreting Insurance Policies in Common Law Jurisdictions (ABA Book Publishing 2016)
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 Association, Appellate and Litigation Sections
- Salt Lake County Bar Association
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)
- 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)
COMMUNITY
Former Board of Directors of the Kostopulos Dream Foundation 2010-2014; Board President 2012-2013, Kostopulos Dream Foundation is dedicated to improving the quality of life for people with disabilities through recreation, education, and growth experiences. campk.org
