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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...

Washington Court of Appeals Finds that Alleged Wrongful Taking of a Racehorse is Not Covered by Homeowner’s Policy as “Bodily Injury” or “Property Damage

Over the past few years, courts across the country have grappled with defining the commonly-used term “property damage” in first-party property insurance policies.  This question recently arose in a Washington Court of Appeals case, where the Court was asked to define this term in the context of a dispute over ownership of a horse. On...