D__Sean_Smith

Partner

D. Sean Smith

Location

1805 Shea Center Drive
Suite 200
Highlands Ranch, CO 80129
P (720) 479-2500
F (303) 471-1855

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Bio

Sean Smith is a partner in WSHB’s Denver office. Sean’s multi-faceted practice focuses on complex insurance, construction, professional liability, medical malpractice, business, and toxic tort litigation. Sean has represented some of the world’s largest insurance carriers, homebuilders, developers, professionals, and regional and local businesses.

Prior to joining the firm, Sean worked for a major domestic insurance carrier for over nine years, handling catastrophic injury and transportation/trucking claims. Sean’s experience in handling these types of cases, allows him to rely heavily on his experience in settling, mediating, arbitrating, and/or trying thousands of matters.

Further, Sean’s in-house experience is utilized to assist our national insurance coverage practice by advising and representing domestic and international insurers on first-party property (Homeowner’s and Commercial), commercial general liability, construction defect, and professional errors and omission claims. Sean has successfully litigated a wide variety of first-party and third-party insurance cases, including the interpretation of policy provisions and exclusions, quantum disputes, catastrophes, bad faith, and extra-contractual claims.

Education

Denver University, Sturm College of Law (J.D., 2008)

West Virginia University (B.S., 2000)

Licensed to Practice in:

Colorado
U.S. District Court Colorado
Tenth Circuit Court of Appeals
Federal Circuit Court of Appeals

Practice Areas

Construction
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  • Experienced in complex, multi-party residential and commercial defense of general contractors and sub-contractors.
  • Representation of both small and large homebuilders and developers in both pre-litigation and litigated matters.
  • Experienced in ADR, including arbitration and mediation.
  • Defense of worksite injury claims.
  • Prosecution of “Additional Insured” tenders, including injunctive relief through declaratory actions.
Employment
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  • Represent employers to defend EEOC and DORA investigations.
  • Defend employers against discrimination, retaliation, and harassment claims.
  • Advise employers regarding non-competition agreements and applicability of same in relation to Colorado statute and case law.
Environmental
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  • Litigation and management of toxic tort exposure on construction sites and post-construction.
  • Defense and prosecution of toxic plumes of oil and gas released into water tables, resulting in property damage.
General Liability and Casualty
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  • Extensive knowledge of Medicare compliance and Medicare Set-Asides, including Medicare Secondary Payer issues, Section 111 Reporting, and Conditional Payment Claim issues.
Insurance
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  • Provide opinions regarding and prosecute/defend against declaratory action for both admitted and surplus lines insurers for various coverage matters and coverage litigation arising from disputes over first-party property coverage, contingency risk coverage, third-party liability coverage, and claims of bad faith.
Medical Malpractice and Healthcare Law
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  • Defense of hospitals, physicians, physician’s assistants, nurses, chiropractors, nursing homes, and long-term care facilities against claims brought for negligence, fraud, and medical malpractice.
  • Experienced in filing responses to DORA complaints on behalf of physicians, physician’s assistants, nurses, and chiropractors.
Product Liability
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  • Defense of product manufacturers and distributors in product liability claims.
  • Experienced in multi-district litigation claims against manufacturers, designers, and distributors of construction products, mechanical products, and alleged auto design deficiencies.
Professional Liability
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  • Represents insurance agents/brokers, bank directors, and lawyers in various types of professional malpractice and errors and omissions claims.
  • Experienced in representing architects and engineers in defending claims alleging design errors and deficiencies.
Toxic Tort and Occupational Exposure
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  • Defense of property owners, property managers, developers, contractors, and subcontractors against claims of mold exposure and asbestos exposure.
  • Defense of toxic contaminant claims affecting multiple property water tables.
Transportation
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  • Represents clients and insurers against personal injuries resulting from automobile accidents and commercial vehicle accidents.
  • Represents trucking companies and commercial carriers in catastrophic injury claims, including wrongful death.
  • Provides risk management and evaluation of business practices, including driver qualification, risk transfer, insurance coverage, and best practices for handling litigation.

Publications

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Trial & Appellate Results

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Events, Seminars & Presentations

NBI: Medicare Set-Asides in Personal Injury Litigation (2010)

Multiple CLM Presentations: Marijuana – Will the Insurance Industry Inhale (2016)

Lockton Law Day: Marijuana – Unique Risks involving Legalization and Employment (2017)

CLM Presentation: Cyber Security Insurance and Risks (2017)

Private seminars for various clients/insurers

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Community Activities

Board of Directors, Real Colorado Soccer Club

Active participant advisor, Peak 2 Peak Youth Wrestling

Memberships

Colorado Defense Lawyers Association, Member

Claims Litigation Management (CLM), Member

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