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Oregon Court of Appeals Finds Coverage Dependent on the Nature of Injury, Regardless of Liability Theory Alleged

Washington Federal Court Enforces Endorsement Allowing Insurer to Recoup Defense Costs for Uncovered Claims

Washington Federal Court Find Insurer Cannot Refuse to Cover Defense Costs Without Showing of “Actual Prejudice”

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

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

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

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...

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

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

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

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

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

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

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

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

WASHINGTON COURT FINDS NO BAD FAITH DESPITE PROLONGED CLAIM RECONCILIATION PERIOD

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

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

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

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

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

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

PROPOSED AMENDMENT TO THE WASHINGTON PUBLIC WORKS STATUTE

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

NEW TAX LAW IMPACTS CONFIDENTIAL SEXUAL HARASSMENT SETTLEMENTS

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

NEW TAX LAW IMPACTS CONFIDENTIAL SEXUAL HARASSMENT SETTLEMENTS

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

WASHINGTON PAID SICK LEAVE LAW EFFECTIVE JANUARY 1, 2018

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

FMCSA Form BMC-84 Bond Claims

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

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

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

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

The Responsibility of Corporate America Post 2016 Presidential Elections

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

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

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

Judgment Lien May Survive A Chapter 7 Discharge

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Washington State Legislative Alert: 2017 Regular Session

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

Regulatory Hurdles and Safety Considerations Remaining for Autonomous Trucks

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

Defending Nighttime Trucking Accidents

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

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

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

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

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

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

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

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

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

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 recen...

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 c...

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-defe...

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

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

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

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

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

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

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

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

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

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

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

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

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”

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

Labor & Employment Alert – Title VII and Gender Identity Discrimination

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

Construction Law Newsletter – Construction Requirements for Medical Marijuana Facilities

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

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

USLAW Spring / Summer 2014 – The Duty to Defend: When Does it End?

Insurers must often provide a defense to a policyholder on the barest of allegations, but at least in some jurisdictions, there can be rest for the...