Shane Clayton is a commercial litigator and business advisor focused on insurance recovery and counseling. He has a proven record of success with insurance claims prior to litigation as well as handling insurance coverage and bad faith claims, declaratory relief actions, multi-carrier allocation and contribution scenarios, subrogation, excess exposure of high net worth individuals and other insurance-related disputes. Shane’s insurance experience extends past the courtroom into the boardroom where he counsels and conducts due diligence on a wide variety of insurance coverages including Directors & Officers, Errors & Omissions, Commercial General Liability, Property, Business Interruption, Employment Practices Liability, Life, Health, Representations & Warranties, Professional Liability, Environmental Liability, Excess, Umbrella, Municipal Liability, Workers Compensation, Owner and Contractor-Controlled Insurance Programs as well as self-insured programs and fronting policies.
Shane also has experience handling a variety of other disputes, including corporate, business and partnership, trade secret, construction, employment, real estate, personal injury and other types of commercial and civil litigation. Actively practicing law in both Nevada and Utah, he is based in the firm’s Salt Lake City, Utah office.
- Represented publicly traded technology company in acquiring Representations & Warranties insurance for middle market merger
- Advised private equity fund in purchasing and negotiating Representations & Warranties insurance policy for acquisition of a middle market manufacturer.
- Obtained order granting summary judgment obligating insurer to defend and indemnify up to the $2 million policy limits for medical service provider.
- Represented high net worth individual against insurer and secured a full defense and indemnity for a multi-million dollar personal injury action.
- Secured significant settlement for commercial general contractor in bad faith action against property insurer.
- Recovered $2 million in reimbursement for homebuilder in bad faith action against multiple insurance companies refusing to defend.
- Recovered $1.5 million from commercial general liability insurance companies that refused to defend homebuilder.
- Represented regional material supplier in dispute against Employment Practices Liability Insurance company and obtained favorable resolution.
- Represented homebuilder in pre-litigation, litigation and post litigation recovery pursuit of over a dozen carriers and collected $2 million
- Represented homebuilder in pre-litigation claims handling and litigation of bad faith claims against multiple insurers and recovered over $500,000
- Represented life insurance policyholder in bad faith action which resolved at mediation for policy limits
- Prevailed in insurance carrier’s Declaratory Relief action against homeowners association client related to the “notice-prejudice” rule
- Recovered in excess of $1 million for homebuilder including bad faith damages, attorney fees and interest arising out of multiple carriers’ failures to defend
- Represented owner of property in Belize in breach of contract action through trial and obtained favorable verdict.
- Prevailed at trial for glass manufacturer seeking recovery of breach of contract damages.
- Represented landlord through trial and obtained judgment in landlord’s favor.
- Successfully represented subcontractor in multi-party mechanics lien litigation to collect amounts owed at the City Center project
- National Business Institute Speaker: Handling Complex Auto Insurance Coverage Disputes
- “The Business of Insurance”
- “Insurance Companies and Litigation”
- Super Lawyers Rising Star (2012-2015)
- Nevada’s Legal Elite (2013)
- Board of Directors, Hope for Prisoners
- Member, State Bar of Nevada
- Member, Nevada Justice Association
William S. Boyd School of Law, University of Nevada Las Vegas – J.D. (2004)
Brigham Young University – B.A., English (2001)
- Attorney (2005-2013), Director (2012-2013), Marquis Aurbach Coffing