Recognized in Best Lawyers since 2018 
Commercial Litigation Insurance Law Litigation - Insurance
Awarded Practice Areas
Biography
Kevin Mapes is a commercial litigator with more than 25 years of experience in state and federal courts in Oregon, Washington, and California. He represents plaintiffs and defendants in a wide variety of business disputes involving commercial lending, partnership disputes, general contract matters, construction disputes, and a wide variety of commercial real estate disputes. Mr. Mapes is also an experienced environmental litigator, and has represented clients in matters involving the federal Superfund law and its state-law equivalents, claims involving RCRA and the Clean Water Act, and claims for Natural Resource Damages.
Mr. Mapes dedicates a significant portion of his practice to the representation of policyholders in insurance coverage disputes. His policyholder clients range from individuals and small businesses to large publicly traded companies and municipalities. Mr. Mapes represents clients on a wide range of insurance coverage issues, including environmental matters, property damage claims, construction-related claims, directors and officers coverage disputes, business interruption claims, cyber coverage claims, and general commercial liability disputes. He has successfully pursued claims based on insurer bad faith and other extra-contractual claims, and has recovered millions of dollars for his policyholder clients. Mr. Mapes also advises clients on the scope of their insurance coverage and potential issues that could arise in the future. Mr. Mapes regularly speaks and writes on insurance coverage issues.
Mr. Mapes has earned the AV Preeminent Rating from Martindale-Hubbell. He is listed in The Best Lawyers in America for commercial litigation and insurance law and has been selected to the Oregon Super Lawyers list for insurance coverage. Prior to joining Bateman Seidel, Mr. Mapes practiced for 18 years at Ball Janik, where he co-chaired the firm’s insurance recovery practice. He began his legal career at Bullivant Houser Bailey, where he represented insurance companies on coverage matters.Overview
- Lewis & Clark College, J.D., graduated 2002
- California, 11/21/1994
- Oregon, 1/17/2002
- Washington, 10/03/2008
- All Federal Courts in Oregon and Washington
- California, 11/21/1994
- Oregon, 1/17/2002
- Washington, 10/03/2008
- Lewis & Clark College, J.D., graduated 2002
- All Federal Courts in Oregon and Washington
Client Testimonials
Awards & Focus
Recognized in The Best Lawyers in America® 2026 for work in:
- Commercial Litigation
- Insurance Law
- Litigation - Insurance
Awards:
- Recognized as one of "Oregon's Top Rated Lawyers" in 2013 by The National Law Journal, The American Lawyer and Corporate Counsel magazine, published by ALM Legal Leaders, affiliated with Martindale-Hubbell®.
- AV® Preeminent™ Rating Martindale-Hubbell®, American Registry
- Oregon Super Lawyers list, 2015-2017
News & Media
Case History
Cases
- Oregon Health & Science University Coverage Litigation and Broker Malpractice Litigation
Ball Janik LLP has represented Oregon Health & Science University (OHSU), the premier medical, research and teaching hospital in Oregon, on insurance-coverage and broker-malpractice cases. James T. McDermott, Dwain M. Clifford, and Kevin S. Mapes (litigation partners) represented OHSU.
- Canadian D & O Insurance Coverage Matter
PricewaterhouseCoopers, Inc. retained Ball Janik LLP to provide expert testimony on Oregon and U.S. insurance coverage law, specifically including the application of U.S. and Oregon law to claims arising under Directors and Officers insurance policies. The matter was pending in the Supreme Court of British Columbia, where the parties sought a declaration of the coverage available under D & O policies issued to Pope & Talbot Ltd., which was in receivership. The value of the claims was in excess of $3 million.
Ball Janik provided expert testimony, in two separate affidavits, in response to motions by insurer Chubb & Son to stay the declaratory relief proceedings on the grounds that the Court did not have territorial competence with regard to policies issued by Chubb, or, alternatively, that the State of Oregon was the more appropriate forum to hear the issues.
Our expert testimony focused on the interplay between U.S. and Canadian insurance coverage law in this Canadian action.
Based on Ball Janik’s expert testimony and analysis, the Supreme Court of British Columbia ruled in favor of the receiver, PricewaterhouseCoopers, on all issues addressed in the affidavit.
Ball Janik provided expert testimony, in two separate affidavits, in response to motions by insurer Chubb & Son to stay the declaratory relief proceedings on the grounds that the Court did not have territorial competence with regard to policies issued by Chubb, or, alternatively, that the State of Oregon was the more appropriate forum to hear the issues.
Our expert testimony focused on the interplay between U.S. and Canadian insurance coverage law in this Canadian action.
Based on Ball Janik’s expert testimony and analysis, the Supreme Court of British Columbia ruled in favor of the receiver, PricewaterhouseCoopers, on all issues addressed in the affidavit.
- Contaminated Property Coverage Litigation
On behalf of the owners of a contaminated property, we pursued insurance coverage for a multi-million dollar clean-up of a chlorinated solvent plume in Milwaukie, Oregon. Certain insurers had denied coverage entirely. Others had agreed to defend, but denied any duty to indemnify. After obtaining partial summary judgment against a carrier on the duty to defend, we began settlement discussions involving the clients' insurers, other potentially responsible parties, and the Oregon Department of Environmental Quality. We were ultimately able to obtain a settlement that fully resolved the underlying environmental litigation, funded by over $4 million in indemnity dollars from our clients' insurers.
A consent judgment was entered on April 17, 2007, effective May 17, 2007, resolving the underlying environmental liability. The insurance coverage litigation was dismissed on June 22, 2007.
A consent judgment was entered on April 17, 2007, effective May 17, 2007, resolving the underlying environmental liability. The insurance coverage litigation was dismissed on June 22, 2007.
- Electro Scientific Industries, Inc. Coverage Litigation
We represented Electro Scientific Industries, Inc. (“ESI”) in an insurance coverage lawsuit against National Union Insurance Company of Pittsburgh, an AIG company. National Union provided ESI with Directors’ and Officers’ insurance coverage. As a result of accounting irregularities and restated earnings, ESI was faced with class action and shareholder derivative lawsuits and an investigation by the SEC. The lawsuits were settled, with funding from both ESI and National Union. However, National Union refused to pay any of the attorneys’ fees incurred by ESI and insured individuals, and National Union extracted a renewal at substantially above-market rates as a condition of its contribution to the settlement.
On behalf of ESI, we filed suit against National Union, alleging breach of contract, bad faith, intentional interference with contract, and fraud, and seeking several million dollars in compensatory damages plus punitive damages. The coverage litigation was settled on favorable terms for ESI in December 2006, and the case was dismissed in January 2007.
On behalf of ESI, we filed suit against National Union, alleging breach of contract, bad faith, intentional interference with contract, and fraud, and seeking several million dollars in compensatory damages plus punitive damages. The coverage litigation was settled on favorable terms for ESI in December 2006, and the case was dismissed in January 2007.
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