Nicole M. Nowlin

Law Practice

Nicole has defended individuals and businesses in a wide variety of complex litigation matters over her 22-year legal career, including trucking and automobile liability, liquor liability, legal malpractice, and hospitality and hotel-related claims. She is a strong advocate for her clients and an experienced and effective trial/arbitration attorney. Nicole is often retained to defend cases which are of a sensitive nature, such as defending businesses in vicarious liability claims involving sexual assaults by employees and agents.

In addition to her tort/casualty litigation practice, she also specializes in insurance coverage matters and routinely counsels and represents insurance companies regarding disputed claims, coverage lawsuits, and the drafting of policy language.

Nicole also serves as an arbitrator in court-annexed arbitration cases for Multnomah and Washington Counties and on underinsured and uninsured motorist arbitration panels.

Nicole began her legal career in Los Angeles working as an associate in a large health care law firm. She defended doctors and hospitals in medical malpractice claims, with a special emphasis in defending birth injury suits.

Tort/Casualty Litigation

• General liability defense
• Premises liability regarding retailers, hospitality, and hotel-related claims
• Professional liability regarding real estate agents, real estate agencies, and attorneys
• Agency and vicarious liability matters, with a special emphasis on matters involving sexual assaults
• Common carrier liability
• Catastrophic personal injury matters
• Oregon Landlord Tenant Act

Insurance Law

• Insurance coverage litigation
• Advice and counsel on reservation of rights issues
• Advice and counsel on Medicare issues
• Insurance coverage class actions
• Educators legal liability claims
• EPLI, E&O, and D&O claims
• Personal Injury Protection, Uninsured/Underinsured motorist claims
• Life and health insurance claims
• Environmental claims
• Commercial general liability claims
• Property and fire claims
• Excess coverage disputes
• Draft policy and endorsement language

Representative Cases

Tort Litigation:

• Defended cab company against a passenger’s negligence and vicarious liability claims following cab driver’s sexual assault on the passenger. After a three-day trial, the jury awarded plaintiff approximately 10% of her prayer.
• Defended resort owner against a $4 million negligence claim brought by a customer who was shot in the face by a townsperson during a fishing expedition in Mexico. Obtained favorable settlement.
• Defended a transportation company against a $5.25 million vicarious liability claim after a driver ran a red light and struck a pedestrian standing on a corner, causing a degloving injury. Obtained favorable settlement.
• Represented auto dealership in a $5.3 million multi-plaintiff, wrongful death and traumatic brain injury case, following a rollover SUV crash that was allegedly caused by the dealership’s negligent installation of improperly sized tires. Successfully resolved case for approximately 6% of total prayer.
• Represented national retailer in products defect case after a customer was severely injured when the glass from a large picture frame fell out and lacerated her foot. Successfully tendered claim to picture frame distributor.
• Defended national retailer against a negligence claim brought by a customer who allegedly sustained severe emotional injuries after finding pornographic images on a computer tablet that she purchased at the retailer’s store. Successfully settled matter for nominal amount.

Insurance Coverage Litigation:

• Successfully defended PIP insurer through summary judgment against insured’s claim that travel expenses to medical appointments are covered under PIP. The trial court’s ruling was recently upheld by the Oregon Supreme Court in Dowell v. Oregon Mutual, 361 Or 62 (2017), thereby avoiding a potential class action.
• Defended homeowners insurer against a breach of insurance contract lawsuit following the company’s denial of property damage coverage after the insured’s domestic partner intentionally set fire to their home. Successfully resolved case.
• Defended life insurer against a breach of contract claim following the denial of death benefits due to the decedent misrepresenting his health history on the policy application. Successfully resolved case for less than half of the death benefit.
• Defended CGL and excess insurer in complex, multi-party, U.S. district court litigation following the roof collapse at a manufacturing plant. Successfully resolved case.
• Prevailed on summary judgement on behalf of UIM insurer where plaintiff – the adult daughter of the named insured who lived in her own house at the time of the accident – alleged that she was an insured under the policy because she was a member of her parents’ “household.”