Washington State Court of Appeals Finds that Covenant Judgment Not Binding on Insurer Without Notice and Opportunity to be Heard Prior to Reasonableness Hearing
Washington courts have long held that an insured may enter into a stipulated (or “covenant”) judgment with the plaintiff in a lawsuit. Whether the insurer is liable for the amount of the stipulated judgment usually is decided in a subsequent bad faith lawsuit. However, before that happens, the insured and the plaintiff must conduct a...
Washington Court of Appeals Finds that Alleged Wrongful Taking of a Racehorse is Not Covered by Homeowner’s Policy as “Bodily Injury” or “Property Damage
Over the past few years, courts across the country have grappled with defining the commonly-used term “property damage” in first-party property insurance policies. This question recently arose in a Washington Court of Appeals case, where the Court was asked to define this term in the context of a dispute over ownership of a horse. On...
Washington Federal Court Finds that Coverage for Multi-Employer Worksite Injury Case Is a Fact-Based Determination
Washington courts are familiar with litigation over liability under WISHA for employee injuries at multi-employer worksites (see, e.g., Stute v. P.B.M.C., Inc., 114 Wash.2d 454, 788 P.2d 545 (1990) and its numerous forebears). However, the issue of insurance coverage in such cases is less commonly opined upon, likely because worksite insurance coverage is so often...
Northwest Insurance Law Quarterly Newsletter: Spring 2024
Please find the Spring 2024 edition of the Williams Kastner Northwest Insurance Law Newsletter. Our newsletter features articles regarding some of the most important decisions and developments in insurance law over the past few months. Should you have any questions, please feel free to contact Eliot Harris. Follow us on LinkedIn for more legal updates.
Celebrating Black Americans and the Arts
Have you ever made an effort to learn about the origin of Black History Month and its impact on the nation? Black History Month was the outgrowth of a movement started by historian Carter G. Woodson, the son of former slaves who, though largely self-taught, was the second Black American to receive a Ph.D. from...
Trucking Industry Facing Spike in Nuclear Verdicts
The trucking industry in the U.S. has been facing a tremendous surge in so-called “nuclear verdicts,” which are those large enough to cause serious financial harm to a fleet or trucking company. How can your company defend itself against these kinds of verdicts? What happens when your business is involved in a lawsuit where the...
Newly Suggested Merger Guidelines Could Impact Tech Companies
When two companies merge, they combine forces and form a new entity that is intended to be bigger than the sum of its parts. Companies may choose to merge for a number of reasons, but the ultimate goal is to gain market share and increase profitability. If too many mergers occur within a particular industry,...
NOAA Releases Five-Year Plan to Prioritize the Nation’s Seafood Industry
In August 2023, the National Oceanic and Atmospheric Administration (NOAA) released a new plan to increase support and technology for the U.S. seafood industry. This plan is meant to strengthen the sector against competition from illegal fishing and challenges caused by climate change. Understanding how this plan will affect companies operating within this industry will...
Moving Toward a Cohesive COVID Court System?
An Analysis of Federal Jurisdiction of Personal Injury Claims Arising Out of the Pandemic A host of tort lawsuits filed over the past few years involving nursing homes and patients’ allegations that they contracted COVID-19 due to the nursing homes’ negligence provides an opportunity for national and multi-state employers to analyze and prepare for how...
Rising Construction Costs Impacting Insurance Rates
The recent surge in inflation across the economy has impacted the price builders must pay for various forms of insurance. Simply stated, rising costs mean potential claims are worth more, and insurance companies must charge more to assume this risk. From an insurance company’s standpoint, they need to anticipate far more contingencies than they would...
Increased Risks for Banks Lending to Commercial Real Estate Due to Empty Offices in the Wake of COVID-19
The COVID-19 pandemic, a public health crisis of unparalleled proportions, sent shockwaves through the world, disrupting every corner of the global economy. Few sectors, however, have borne the brunt of the fallout as significantly as commercial real estate (CRE). The swift pivot to remote work, mandated by public health imperatives, has triggered changes, compelling many...
ChatGPT / AI Could Be a Big Liability for Business Owners, Particularly in the Healthcare Industry
The advent of artificial intelligence (AI) has revolutionized various business sectors, including the healthcare industry. From diagnosing diseases and predicting treatment outcomes to providing efficient customer service through virtual assistants like OpenAI’s ChatGPT, the potential of AI in healthcare is enormous. This blog post explores these potential liabilities and considers possible strategies to address them....