Williams Kastner

December 2018

OREGON FEDERAL COURT FINDS HOA MEMBERS LACK STANDING TO BRING DIRECT ACTION AGAINST INSURER UNDER HOA’S INSURANCE POLICY BECAUSE THEY DO NOT QUALIFY AS INTENDED THIRD-PARTY BENEFICIARIES

by Sean T. James

December 2018

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

by Eliot M. Harris

December 2018

A Little Advance Notice on Employment Issues That Will Be Faced by General Counsel in 2018

by Sheryl J. Willert

In the summer of 2017, ALM and a major American law firm launched what was described as the inaugural “General Counsel Up-At-Night” report. That re...

October 2018

WASHINGTON FEDERAL COURT FINDS THAT SEXUAL ABUSE CLAIM NOT COVERED EVEN WHEN “NEGLIGENCE” CLAIM WAS ALLEGED

by Eliot M. Harris

October 2018

IN ISSUE OF FIRST IMPRESSION, WASHINGTON COURT HOLDS THAT ACTIONS OF PUBLIC ADJUSTER ARE IMPUTED TO INSURED

by Eliot M. Harris

October 2018

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

June 2018

WASHINGTON FEDERAL COURT FINDS NO BAD FAITH FOR INSURER’S FAILURE TO RESPOND TO ROOFER’S TENDER WHEN INSURED CANNOT SHOW HARM

by Eliot M. Harris

June 2018

WASHINGTON FEDERAL COURT REJECTS INSURANCE FAIR CONDUCT ACT CLAIM ABSENT EVIDENCE OF UNREASONABLE DENIAL OF COVERAGE

by Eliot M. Harris

June 2018

ALASKA SUPREME COURT FINDS MOTOR VEHICLE ACCIDENT CLAIMANT WAS NOT “OCCUPYING” INSURED’S VEHICLE TO SEEK UIM COVERAGE UNDER INSURED’S POLICY

by Eliot M. Harris

May 2018

Enforcing The Surety’s Rights To The Defaulting Principal’s Contract Funds On Federal Projects: A Step-By-Step Guide to Navigating the FAR

by Paul K. Friedrich

April 2018

WASHINGTON SUPREME COURT FINDS THAT EXCLUSIVE MEANS OF SERVICE FOR AUTHORIZED FOREIGN INSURER IS THROUGH WASHINGTON STATE INSURANCE COMMISSIONER

by Eliot M. Harris

April 2018

WASHINGTON COURT FINDS NO BAD FAITH DESPITE PROLONGED CLAIM RECONCILIATION PERIOD

by Sean T. James

Quarterly Newsletter Spring 2018 An insurer’s excessively low claim settlement offer can give rise to a claim under Washington’s Insura...

April 2018

OREGON FEDERAL COURT FINDS NO BREACH OF DUTY OF GOOD FAITH DESPITE INSURER’S BREACH OF CONTRACT

by Jessica M. Cox

Quarterly Newsletter Spring 2018 In a recent decision, an Oregon Court rejected an insurer’s position that the terms “surface water” an...

April 2018

WASHINGTON/OREGON DOCTRINE OF EQUITABLE SUBROGATION: ARE INDEMNITY AGREEMENTS NECESSARY?

by Steven F. Cade, Paul K. Friedrich, Jeff H. Yusen

Surety Law Update Spring 2018 In recent years, some sureties have waived the need for a signed indemnity agreement usually for smaller,...

April 2018

WASHINGTON COURT OF APPEALS DISMISSES OREGON CONTRACTOR’S LAWSUIT FOR FAILURE TO SUBSTANTIALLY COMPLY WITH CONTRACTOR REGISTRATION REQUIREMENTS

by Paul K. Friedrich

April 2018

PROPOSED AMENDMENT TO THE WASHINGTON PUBLIC WORKS STATUTE

by William T. Hansen

Surety Law Update Spring 2018 In early 2018, Senate Bill 6428 and its counterpart, House Bill 2852, were introduced for consideration a...

January 2018

NEW TAX LAW IMPACTS CONFIDENTIAL SEXUAL HARASSMENT SETTLEMENTS

by Sheryl J. Willert

SEATTLE, WA (January 26, 2018) — On December 22, 2017, in a little known and almost completely unpublicized action, the United States Congress quie...

January 2018

NEW TAX LAW IMPACTS CONFIDENTIAL SEXUAL HARASSMENT SETTLEMENTS

by Sheryl J. Willert

SEATTLE, WA (January 26, 2018) — On December 22, 2017, in a little known and almost completely unpublicized action, the United States Congress quie...

January 2018

WASHINGTON PAID SICK LEAVE LAW EFFECTIVE JANUARY 1, 2018

by Josephine B. Vestal

SEATTLE, WA (January 12, 2018) — Beginning January 1, 2018, all employers doing business in Washington are required to provide most of their employ...

December 2017

FMCSA Form BMC-84 Bond Claims

by Jeff H. Yusen

Surety Law Update Winter 2017 In October 2013, Public Law 112-141 (commonly known as “Moving Ahead for Progress in the 21st Century Act...

December 2017

WASHINGTON COURT FINDS NO BAD FAITH DESPITE INCORRECT ASSESSMENT BY INSURER ON COVERAGE ISSUES

by William T. Hansen

Quarterly Newsletter Winter 2017 Insurers and policyholders are often faced with a situation of whether depreciation may be recovered w...

December 2017

WASHINGTON COURT LIMITS DISCOVERY OF INSURER’S CLAIMS-HANDLING MANUALS AND GUIDELINES FOR UNRELATED LINES OF COVERAGE

by Eliot M. Harris

December 2017

The Responsibility of Corporate America Post 2016 Presidential Elections

by Sheryl J. Willert

The 2016 presidential campaigns and ultimate election of Donald Trump has caused a significant portion of the United States population to express d...

December 2017

Washington’s New Uniform Power of Attorney Act: Surety Underwriters Beware

by Paul K. Friedrich

Surety Law Update Winter 2017 A power of attorney is an incredibly powerful document that permits an individual (the “principal”) to ap...

December 2017

Judgment Lien May Survive A Chapter 7 Discharge

by Shawn B. Rediger

Surety Law Update Winter 2017 In general, a Chapter 7 bankruptcy results in a discharge of pre-petition debts owed by an individual deb...

October 2017

WASHINGTON COURT OF APPEALS REFUSES TO ALLOW PRODUCTION OF POST-LITIGATION COMMUNICATION BETWEEN INSURER AND COVERAGE COUNSEL IN DEFENSE OF UIM CLAIM

by Eliot M. Harris

June 2017

USLAW Spring / Summer 2017 – THE DEVIL IS IN THE DETAILS

by William T. Hansen, Eliot M. Harris

Parties to construction contracts have historically used indemnity clauses to shift the responsibility to pay damages from one party (the indemnite...

June 2017

WASHINGTON APPELLATE COURT FINDS INSURER NOT COLLATERALLY ESTOPPED FROM CONTESTING LIABILITY ISSUES IN DECLARATORY JUDGMENT ACTION

by Eliot M. Harris

June 2017

OREGON COURT OF APPEALS RENDERS IMPORTANT DECISION ON VARIOUS COVERAGE ISSUES ARISING OUT OF CONSTRUCTION DEFECT LAWSUIT

by Eliot M. Harris

June 2017

Amendments to Washington’s Retainage Statute Expose Sureties to Additional Risk

by William T. Hansen

Surety Law Update Summer 2017 In February 2017, the Surety Team at Williams, Kastner & Gibbs wrote an article regarding a proposed ...

June 2017

Washington Supreme Court Decision Exposes Sureties to Increased Risk for Disputing Claims

by William T. Hansen

SURETY LAW UPDATE SUMMER 2017 On July 6, 2017, the Washington State Supreme Court addressed two important issues for sureties in Washin...

June 2017

Washington State Court of Appeals Misstates Basic Surety Law Involving Release of Lien Bond Claim

by Paul K. Friedrich

Surety Law Update Summer 2017 Washington’s Release of Lien Bond statute, RCW 60.04.161, allows a property owner or contractor to “relea...

April 2017

ALASKA SUPREME COURT FINDS DUTY OWED BY LIABILITY INSURER TO THIRD-PARTY CLAIMANT

by Eliot M. Harris

Quarterly Newsletter Spring 2017 Over the years, policyholders and their attorneys have sought to assert tort claims directly against l...

April 2017

Washington Supreme Court Limits the Scope of the Insurance Fair Conduct Act

by Meredith E. Dishaw

Surety Law Update Spring 2017 Recently, the Washington Supreme Court narrowly interpreted the Insurance Fair Conduct Act (“IFCA”), limi...

April 2017

Washington State Legislative Alert: 2017 Regular Session

by Paul K. Friedrich

Surety Law Update Spring 2017 On January 17, 2017, the Senate introduced Bill No. 5222 for referral to the Committee on Commerce, Labor...

March 2017

Regulatory Hurdles and Safety Considerations Remaining for Autonomous Trucks

by Blair I. Fassburg

Introduction In case you missed it, news of the advance of driverless transportation technology abounds. Amazon made its first drone delivery on De...

October 2016

Defending Nighttime Trucking Accidents

by Blair I. Fassburg

A recent trend has emerged in which plaintiff lawyers attempt to turn every nighttime accident into a case of driver fatigue, poor maintenance, and...

October 2016

WASHINGTON FEDERAL COURT FINDS NO “OCCURRENCE” UNDER HOMEOWNERS’ POLICY BASED ON INSURED’S VIOLATION OF CONDOMINIUM BYLAWS

by Eliot M. Harris

October 2016

IDAHO SUPREME COURT RULES ANTI-STACKING CLAUSE IN INSURANCE POLICY IS AMBIGUOUS

by Eliot M. Harris

Quarterly Newsletter Fall 2016 Insurers seeking to limit their liability may include so-called “anti-stacking” language in their polici...

October 2016

WASHINGTON COURT FINDS NO “COLLAPSE” COVERAGE DESPITE ENGINEER’S OPINION THAT BUILDING COULD NOT SUPPORT REQUIRED LOADS UNDER THE BUILDING CODE

by Eliot M. Harris

October 2016

WASHINGTON APPELLATE COURT EXPANDS APPLICATION OF IMPLIED WAIVER OF ATTORNEY-CLIENT COMMUNICATIONS DURING DISCOVERY FOR REASONABLENESS HEARING FOLLOWING A COVENANT JUDGMENT

by Jessica M. Cox, Eliot M. Harris

October 2016

ALASKA FEDERAL COURT REFUSES TO NARROWLY DEFINE CONTRACTOR IN INTERPRETING AN EXCLUSION

by Meredith E. Dishaw

Quarterly Newsletter Fall 2016 In a recent opinion, Judge John Sedwick of United States District Court for the District of Alaska refus...

October 2016

OREGON SUPREME COURT BARS INSURER FROM LITIGATING COVERAGE ISSUES IN SUBSEQUENT LAWSUIT FOLLOWING VERDICT IN UNDERLYING CONSTRUCTION DEFECT LAWSUIT

by Eliot M. Harris

August 2016

Williams Kastner assists surety in defeating indemnitor’s bad faith and CPA counterclaims.

by Paul K. Friedrich

Surety Law Update Summer 2016 Williams Kastner’s Construction Litigation & Surety Practices Team is proud to announce that it recen...

August 2016

Bankruptcy and the Surety – Now What?

by Shawn B. Rediger

Surety Law Update Summer 2016 “We received notice that a bankruptcy was filed related to XYZ Project.” These words can cause fear and c...

June 2016

CD CLAIMS FROM THE PERSPECTIVES OF THE INSURER AND THE POLICYHOLDER

by Thomas A. Ped

Quarterly Newsletter Summer 2016 This article aims to provide a brief overview of common insurance-coverage issues in construction-defe...

June 2016

WASHINGTON COURT DENIES CLASS CERTIFICATION FOR PUNITIVE CLASS ACTION REGARDING COVERAGE FOR DIMINISHED VALUE

by Eliot M. Harris

June 2016

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

by Eliot M. Harris

June 2016

WASHINGTON FEDERAL COURT DECLINES TO RULE ON WHETHER NEGLIGENT CLAIM HANDLING AND BAD FAITH CLAIMS ARE DISTINCT CAUSES OF ACTION UNDER WASHINGTON LAW

by Eliot M. Harris, Sean T. James

June 2016

MONTANA FEDERAL COURT FINDS NO COVERAGE FOR STAND-ALONE CLAIMS BY HEIRS OF DECEASED EMPLOYEE WHO WAS INJURED FROM EXCLUDED CAUSE OF LOSS

by Eliot M. Harris, Sean T. James

June 2016

WASHINGTON SUPREME COURT UNANIMOUSLY FINDS NO COVERAGE FOR WATER DAMAGE IN VACANT BUILDING UNDER ENDORSEMENT IN COMMERCIAL PROPERTY POLICY

by Eliot M. Harris, Sean T. James

June 2016

WASHINGTON FEDERAL COURT ALLOWS DECLARATORY JUDGMENT ACTION AGAINST EXCESS INSURER TO CONTINUE DESPITE LACK OF EXHAUSTION OF UNDERLYING POLICY LIMIT

by Eliot M. Harris

June 2016

WASHINGTON FEDERAL COURT REFUSES TO EXTEND COVERAGE TO SPOUSE OF NAMED INSURED WHEN NOT QUALIFIED AS AN “INSURED” UNDER PROFESSIONAL LIABILITY POLICY

by Eliot M. Harris

June 2016

WASHINGTON COURT DISMISSES BAD FAITH AND IFCA CLAIMS WHEN INSURED DID NOT PROPERLY OR TIMELY DISCLOSE ALLEGED DAMAGES TO UIM INSURER

by Eliot M. Harris

June 2016

WASHINGTON FEDERAL COURT DENIES INSURER’S ATTEMPT TO ESCAPE WASHINGTON COURTS, BUT FINDS THAT EXTRA-CONTRACTUAL CLAIMS ARE GOVERNED BY LAWS OF ANOTHER STATE

by Eliot M. Harris

April 2016

IT’S more OF A GUIDELINE THAN A CODE: WASHINGTON FEDERAL COURT DISMISSES BAD FAITH CLAIMS AGAINST INSURER THAT ENFORCED ITS LITIGATION MANAGEMENT GUIDELINES AGAINST DEFENSE COUNSEL

by Eliot M. Harris

April 2016

IN A QUESTION OF FIRST IMPRESSION, ALASKA SUPREME COURT FINDS THAT INSURERS CANNOT SEEK REIMBURSEMENT OF DEFENSE COSTS EVEN WHEN POLICY ALLOWS IT AND INSURER RESERVED RIGHTS TO LATER SEEK REIMBURSEMENT

by Eliot M. Harris

April 2016

WASHINGTON FEDERAL COURT OPENS DOOR FOR OTHERWISE TIME-BARRED BAD FAITH CLAIM UNDER WASHINGTON’S CONSUMER PROTECTION ACT

by Eliot M. Harris

April 2016

WASHINGTON SUPREME COURT FINDS THAT UIM POLICY COVERS INJURIES CAUSED BY DRIVE-BY SHOOTING CONSTITUTE “ACCIDENT ARISING OUT OF OWNERSHIP, USE OR OPERATION OF A MOTOR VEHICLE”

by Eliot M. Harris

April 2016

WASHINGTON FEDERAL COURT CLARIFIES DISCOVERY OF ATTORNEY-CLIENT COMMUNICATIONS BETWEEN INSURERS AND COVERAGE COUNSEL UNDER CEDELL

by Eliot M. Harris

December 2014

Labor & Employment Alert – Title VII and Gender Identity Discrimination

by Jeffery M. Wells

Washington has always been on the cutting edge of employment law, expanding the boundaries of employee protections. For example, Washington has exp...

November 2014

Construction Law Newsletter – Construction Requirements for Medical Marijuana Facilities

by Thomas A. Ped

Cardholders under the Oregon Medical Marijuana Program can obtain medical marijuana from registered facilities. Medical marijuana facilities are st...

July 2014

Alphabet Soup – A Few Things You Need to Know: Developments in Federal Laws That May Have Applicability to Public Sector Employees

by Sheryl J. Willert