Summer 2020 Northwest Insurance Law Quarterly Newsletter
Please find the Summer 2020 edition of the Williams Kastner Northwest Insurance Law Newsletter. Our newsletter features articles regarding some of the most important decisions and developments in insurance law over the past few months. Should you have any questions, please feel free to contact Eliot Harris.
May 7, 2020 @ 11:00 AM
Labor & Employment and Insurance Coverage Webinar: Best Practices to Return to Work During COVID-19
Thursday, May 7th 11:00 am – 12:15 pm Register Now Join our Seattle partners, Sheryl Willert, and Jeff Wells from our Labor & Employment group along with Insurance group partner Eliot Harris in a webinar discussion on the challenges to employers and insurers as businesses return to work in the coming weeks and months. We will highlight...
QUARTERLY NEWSLETTER WINTER 2020
OVERVIEW OF POTENTIAL COVERAGE ISSUES IN CLAIM RELATED TO THE CORONAVIRUS PANDEMIC The rapid spread of coronavirus in the United States is causing businesses to shut their doors and people to remain at home as much as possible. In the midst of this truly unprecedented event in recent history, insurers should be prepared for a...
Washington Federal Court Enforces Endorsement Allowing Insurer to Recoup Defense Costs for Uncovered Claims
Quarterly Newsletter Winter 2019 In 2013, the Washington Supreme Court rendered a decision in Nat’l Sur. Corp. v. Immunex Corp., 297 P.3d 688, 691 (Wash. 2013) that an insurer could not seek recoupment of defense costs incurred for uncovered claims when it defended an insured under a reservation of rights. While the Immunex decision rejected...
Washington Federal Court Find Insurer Cannot Refuse to Cover Defense Costs Without Showing of “Actual Prejudice”
Quarterly Newsletter Winter 2019 Washington, like many states, requires an insurer to show that its rights have been prejudiced before it can refuse to cover costs incurred by the insured without the insurer’s consent. Defining prejudice under the circumstances is an often debated (and litigated) topic. Recently, a Washington federal judge weighed in on this...
WASHINGTON FEDERAL COURT FINDS THAT STATUTORY NOTICE OF INTENT TO SUE DOES NOT CONSTITUTE “CLAIM” UNDER CLAIMS-MADE POLICY
Quarterly Newsletter Winter 2018 Liability insurance policies can provide coverage on a “claims-made” basis, meaning it generally only covers claims that are first made against the insured during the policy period. A common coverage issue that arises under these policies is when was the “claim” first made, and whether a pre-suit notice to the insured...
WASHINGTON FEDERAL COURT FINDS THAT SEXUAL ABUSE CLAIM NOT COVERED EVEN WHEN “NEGLIGENCE” CLAIM WAS ALLEGED
Quarterly Newsletter Fall 2018 In the wake of the clergy abuse scandals and the “me too” movement, Washington has seen an uptick in sexual abuse claims. These claims raise coverage issues if the policy provides “occurrence” coverage and/or contains intentional act and/or sexual abuse exclusions. Recently, a Washington federal district court judge weighed on this...
IN ISSUE OF FIRST IMPRESSION, WASHINGTON COURT HOLDS THAT ACTIONS OF PUBLIC ADJUSTER ARE IMPUTED TO INSURED
Quarterly Newsletter Fall 2018 A public adjuster (“PA”) is a person who investigates or reports insurance claims and acts on behalf of the insured during the claim process. Similar to many states, a PA must be licensed in Washington. When acting on behalf of the insured, a PA may make representations to the insurer that...
OREGON COURT HOLDS THAT INSURED MUST ATTEND EUO AS CONDITION PRECEDENT TO COVERAGE DESPITE OREGON STATUTE REQUIRING PROMPT PAYMENT OF PIP BENEFITS
Quarterly Newsletter Fall 2018 The majority of automobile insurance policies contain a clause providing that the insurer may require the insured to submit to an examination under oath (“EUO”) to assist with the insurer’s investigation of the claim. Many policies include the EUO provision in the conditions section of the policy and expressly make the...
March 31, 2020 @ 10:30 AM
Insurance Webinar: Coverage Issues in Claims Related to COVID-19
Tuesday, March 31st 10:30-11:30 am (PDT) Register Now Join partner Eliot Harris and associate Miles Stewart from Williams Kastner to discuss potential coverage issues arising from COVID-19. We are already seeing insurance claims for lost earnings, business interruption, and lost profits caused by COVID-19, as well as liability claims for companies’ response to the outbreak....
WASHINGTON FEDERAL COURT FINDS NO BAD FAITH FOR INSURER’S FAILURE TO RESPOND TO ROOFER’S TENDER WHEN INSURED CANNOT SHOW HARM
Quarterly Newsletter Summer 2018 The United States District Court for the Western District of Washington recently held in Diamond Constr., LLC v. Atl. Cas. Ins. Co., 2018 U.S. Dist. LEXIS 136335 (W.D. Wash., Aug. 14, 2018) that an insurance company’s failure to respond to its insured’s tender of defense did not constitute bad faith because...
WASHINGTON FEDERAL COURT REJECTS INSURANCE FAIR CONDUCT ACT CLAIM ABSENT EVIDENCE OF UNREASONABLE DENIAL OF COVERAGE
Quarterly Newsletter Summer 2018 In 2007, Washington voters passed Referendum 67, which gave rise to Washington’s Insurance Fair Conduct Act (“IFCA”), codified in RCW 48.30 et . seq. Generally speaking, IFCA provides for a cause of action by a “first party claimant to a policy of insurance who is unreasonably denied a claim for coverage...