USLAW NETWORK Board of Directors Announced
CORAL SPRINGS, FL (Sept. 29, 2016) The 2016-17 USLAW Board of Directors was determined during the annual member meeting in Colorado Springs, Colorado, on Sept. 22. Lew R.C. Bricker of SmithAmundsen in Chicago, Illinois was named Chair of USLAW. In addition, Ami C. Dwyer of Franklin & Prokopik, PC, in Baltimore, Maryland, was named vice...
Williams Kastner assists surety in defeating indemnitor’s bad faith and CPA counterclaims.
Surety Law Update Summer 2016 Williams Kastner’s Construction Litigation & Surety Practices Team is proud to announce that it recently assisted one its surety clients in defeating what is believed to be one of the largest extra-contractual claims ever asserted by an indemnitor against a surety in the State of Washington. Please click here to...
Bankruptcy and the Surety – Now What?
Surety Law Update Summer 2016 “We received notice that a bankruptcy was filed related to XYZ Project.” These words can cause fear and confusion for sureties and other parties involved. Bankruptcy on a construction project affects the rights and obligations of all parties, including sureties. Many of the typical ways in which a surety handles...
Sheryl Willert Quoted in The Seattle Times
Sheryl Willert, a member in Williams Kastner’s Seattle office, was quoted in The Seattle Times article titled “How To Handle Inappropriate Remarks At Work”
In Memoriam – Jerry Creim
It is with profound sadness that we announce the passing of our colleague, mentor, and friend, Jerry Creim, on June 22, 2016. He was 59. Jerry started his career with Williams Kastner 33 years ago and remained a highly valued member of our family over the years. He gave quite generously of his time and...
Ten Williams Kastner Attorneys Named to 2016 Super Lawyers & Rising Stars Lists
SEATTLE, WA (June 13, 2016) — Williams Kastner is pleased to announce that 10 attorneys have been named to Super Lawyers and Rising Stars for 2016. Receiving recognition are: Super Lawyers Seattle Jessie Harris, Managing Director Daniel A. Brown, Member Arley Harrel, Member Rodney Umberger, Member Sheryl Willert, Member Portland Abby Wool Landon, Member Rising Stars...
CD CLAIMS FROM THE PERSPECTIVES OF THE INSURER AND THE POLICYHOLDER
Quarterly Newsletter Summer 2016 This article aims to provide a brief overview of common insurance-coverage issues in construction-defect disputes, from both the policyholder and insurer perspectives. By combining both a primer on Oregon law and where needed the different perspectives of the two sides we hope to provide some guidance to the general practitioner in...
WASHINGTON COURT DENIES CLASS CERTIFICATION FOR PUNITIVE CLASS ACTION REGARDING COVERAGE FOR DIMINISHED VALUE
Quarterly Newsletter Summer 2016 Over the past decade, policyholders across the country have sought recovery for so-called “diminished value” of their vehicles following repairs after a covered loss. Though Washington recognized certain diminished value claims in Moeller v. Farmers Ins. Co. of Wash., 173 Wn.2d 264 (2011), policyholders have not always been successful in seeking...
WASHINGTON COURT FINDS NO DUTY TO DEFEND FOR “BODILY INJURY” OR “PROPERTY DAMAGE” THAT HAS NOT YET OCCURRED DESPITE ALLEGATION THAT SUCH DAMAGES ARE LIKELY TO OCCUR IN THE FUTURE
Quarterly Newsletter Summer 2016 Washington Courts generally determine the existence of a duty to defend based on the “eight corners” rule. Given this limited review of just the insurance contract and the underlying complaint, some Washington Courts have found a duty to defend when there are allegations in the complaint that covered damages will occur...
WASHINGTON FEDERAL COURT DECLINES TO RULE ON WHETHER NEGLIGENT CLAIM HANDLING AND BAD FAITH CLAIMS ARE DISTINCT CAUSES OF ACTION UNDER WASHINGTON LAW
Quarterly Newsletter Summer 2016 Despite the fact that no Washington appellate court has explicitly recognized a cause of action for negligent claims handling separate and apart from a claim for insurance bad faith in first-party claims, many policy holders have asserted such claims in the past. On June 6, 2016, Judge Richard A. Jones for...
MONTANA FEDERAL COURT FINDS NO COVERAGE FOR STAND-ALONE CLAIMS BY HEIRS OF DECEASED EMPLOYEE WHO WAS INJURED FROM EXCLUDED CAUSE OF LOSS
Quarterly Newsletter Summer 2016 On June 8, 2016, Judge Carolyn S. Ostby for the United States District Court for the District of Montana held that an insurer owed no duty to defend an insured for stand-alone claims filed by heirs of a deceased person when the injury to the decedent was caused by an excluded...
WASHINGTON SUPREME COURT UNANIMOUSLY FINDS NO COVERAGE FOR WATER DAMAGE IN VACANT BUILDING UNDER ENDORSEMENT IN COMMERCIAL PROPERTY POLICY
Quarterly Newsletter Summer 2016 On June 9, 2016, the Washington State Supreme Court unanimously found that a commercial property insurer need not provide coverage for water damage in a vacant building when the policy specifically excluded coverage for such damage per endorsement. In Lui v. Essex Ins. Co., 2016 WL 3320769, the insured owned a...