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Williams Kastner Hosted Event

May 7, 2020 @ 11:00 AM

Labor & Employment and Insurance Coverage Webinar: Best Practices to Return to Work During COVID-19
Sheryl J. Willert, Eliot M. Harris, Jeffery M. Wells

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...
Northwest Insurance Law

Washington Federal Court Enforces Endorsement Allowing Insurer to Recoup Defense Costs for Uncovered Claims
by Eliot M. Harris

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...
Northwest Insurance Law

Washington Federal Court Find Insurer Cannot Refuse to Cover Defense Costs Without Showing of “Actual Prejudice”
by Eliot M. Harris

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...
Northwest Insurance Law

WASHINGTON FEDERAL COURT FINDS THAT STATUTORY NOTICE OF INTENT TO SUE DOES NOT CONSTITUTE “CLAIM” UNDER CLAIMS-MADE POLICY
by Eliot M. Harris

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...
Northwest Insurance Law

WASHINGTON FEDERAL COURT FINDS THAT SEXUAL ABUSE CLAIM NOT COVERED EVEN WHEN “NEGLIGENCE” CLAIM WAS ALLEGED
by Eliot M. Harris

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...
Northwest Insurance Law

OREGON COURT HOLDS THAT INSURED MUST ATTEND EUO AS CONDITION PRECEDENT TO COVERAGE DESPITE OREGON STATUTE REQUIRING PROMPT PAYMENT OF PIP BENEFITS
by Eliot M. Harris

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...