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New Proclamation from Washington Governor Establishes Employer Obligations to COVID-19 At-Risk Employees

On April 13, 2020, Governor Inslee issued Proclamation 20-46 High Risk Employees- Workers’ Rights amending his previous February 29, 2020 Proclamation 20-05 which declared the outbreak of COVID-19 a public disaster. According to the new Proclamation, the threat of severe illness or death caused by COVID-19 to Washington State’s public and private sector workers who...

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

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...

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

Quarterly Newsletter Winter 2018 Recently, the U.S. Federal District Court for the District of Oregon had the opportunity to decide whether members of a Homeowners Association (“HOA”) qualify as intended third-party beneficiaries of the HOA’s insurance policy. In Stanton v. QBE Ins. Corp., 2017 U.S. Dist. LEXIS 185988 (Nov. 9, 2017), the Court held that...