David has practiced law in Montana for almost 30 years. He has handled hundreds of cases from start to finish, including multiple successful jury trials and numerous appellate appearances before the Montana Supreme Court and Ninth Circuit Court of Appeals. David specializes in employment and discrimination, insurance coverage, construction defects, trucking law, and general business law. If you are looking for an attorney who is honest, focused, practical, and creative, David is your kind of counsel.

Before becoming an attorney, David was a successful Olympic athlete. David swam in two summer Olympic Games (Seoul 1988 and Barcelona 1992), where he won two gold, one silver, and one bronze medal and set four world records. David gives back to the sport of swimming as a part-time swim coach for the Missoula Aquatic Club, which he has done for more than 30 years. David has two amazing world-traveler adult children, Cale and Katharine, and is married to Camie Foos. David and Camie enjoy spending their free time hiking and backpacking long-distance routes, fly-fishing, gardening, and spending time with their dogs, Twilly and Bud.

REPRESENTATIVE CASES

Loendorf v. Employers Mutual Casualty Company, 409 Mont. 248, 513 P.3d 1268 (2022).

Secured a favorable decision for insurer/client, finding that “earth movement” exclusion barred coverage under insurance policy for claims against contractor by homeowners.

 Frye v. Roseburg Forest Products Company, 398 Mont. 347, 456 P.3d 573 (2020).

Affirming a $237,659.60 default judgment in favor of plaintiff/client against a former employer in WDFEA case as a result of the employer’s failure to appear after proper service of the lawsuit.

Employers Mutual Casualty Company v. Estate of Buckles, 396 Mont. 153, 443 P.3d 534 (2019).

Secured ruling in the insurer/client’s favor that a large corporate owner of a gas well where exposure death occurred was not an additional insured under the insured subcontractor’s insurance policy and had no duty to defend the gas well owner.

Reservation Operations Center, LLC v. Scottsdale Ins. Co., 391 Mont. 383, 419 P.3d 121 (2018).

Secured policy limits settlement for client against insurer resulting from the insurer’s breach of the duty to defend the client in an underlying lawsuit.

 Employers Mutual Casualty Company v. Fisher Builders, 383 Mont. 187, 371 P.3d 375 (2016).

Secured coverage summary judgment for insurer/client upon remand based upon application of the policy’s “your work” exclusion.

T.H.E Insurance Co. v. Flying Phoenix Fireworks Corp., 2008 WL 11347999 (D. Mont. 2008).

Summary judgment in insurer/client’s favor on coverage related to “shooter’s endorsement”.

Boston v. Bitterroot International Systems, Inc., 2005 MT 207N, 328 Mont. 521, 120 P.3d 810.

Affirming $328,500 trial verdict in favor of client/employee in WDFEA and FMLA claim.

Education

HARVARD UNIVERSITY

B.A., Anthropology, 1988

UNIVERSITY OF MONTANA
M.S., Environmental Studies, 1995

UNIVERSITY OF MONTANA
J.D., School of Law, 1998

Activities & Affiliations

  • American Bar Association

  • Western Montana Bar Association

  • Montana Trial Lawyers Association, Member

  • Montana Defense Trial Lawyers, former Board Member

  • Montana Federal Bar Association, former Co-Founder

Bar Admissions

  • Montana

  • USDC Montana

  • USDC North Dakota

  • Ninth Circuit Court of Appeals