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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...

Labor & Employment COVID-19 Updates

The rapid spread of coronavirus has widely affected employers throughout the U.S. We are closely monitoring the developing situation and will offer regular updates on labor and Employment guidelines and mandates. Employers face a multitude of challenges as they navigate through the outbreak of COVID-19 and its effect on their workforce and business. Below we’ve...

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...

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

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...