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News & Insights
Washington Federal Court Finds Liability Insurer Owed No Duty to Defend Behavioral Health Facility from Allegations of Abuse Under EPL and D&O Policy
With the rise of abuse lawsuits in the past decade or so, and various insurers including additional language in liability policies to limit, or outright exclude coverage for such claims, Washington Courts have been faced with an increasing number of coverage lawsuits for abuse claims. One of the most recent decisions on this issue is...
Western District of Washington Federal Court Distinguishes Between Pre- and Post-Assault Conduct In Determining Coverage for Negligent Security Claims
In Northfield Insurance Company v. Yates, Wood & MacDonald, Inc., et al., Judge Tana Lin with the U.S. District Court for the Western District of Washington found the insurance company had no duty to defend its insured in a negligent security case due to the policy’s exclusion for “assault or battery” and in doing so,...
United States District Court for the Western District of Washington Holds No IFCA Violation for Nonpayment of Settlement Offer as an “Undisputed Amount”
In Derenski v. USAA General Indemnity Company, the Honorable James Robart held that an insurer’s underinsured motorist settlement offer does not constitute an “undisputed amount” where neither party characterized the offer as such and there was no demand for payment of any sum as an “undisputed amount”. Accordingly, the nonpayment of such a settlement offer...