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
Quarterly Newsletter Spring 2016 On March 25, 2016, the Alaska Supreme Court weighed in on whether insurers can seek reimbursement of defense costs from its insureds. On certified questions posed by the Ninth Circuit, the Court found that state law prohibits the enforcement of an insurance policy that requires an insured to reimburse its insurer...
WASHINGTON FEDERAL COURT OPENS DOOR FOR OTHERWISE TIME-BARRED BAD FAITH CLAIM UNDER WASHINGTON’S CONSUMER PROTECTION ACT
Quarterly Newsletter Spring 2016 On February 23, 2016, Judge Stanley A. Bastian for the United States District Court for the Eastern District of Washington rendered a potentially important decision on how insurance bad faith claims that may otherwise be time barred by the three-year statute of limitations may survive under Washington’s four-year statute of limitations...
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”
Quarterly Newsletter Spring 2016 On January 14, 2016, the Washington State Supreme Court rendered an important decision on when an injury “arises out of” the use of a vehicle for the purpose of uninsured motorist (“UIM”) coverage. Please click here to read the full article.
WASHINGTON FEDERAL COURT CLARIFIES DISCOVERY OF ATTORNEY-CLIENT COMMUNICATIONS BETWEEN INSURERS AND COVERAGE COUNSEL UNDER CEDELL
Quarterly Newsletter Spring 2016 Very few developments in Washington insurance law have received more attention over the past five years than the Washington Supreme Court’s ruling in Cedell v. Farmers Ins. Co., 176 Wn.2d.686, 295 P.2d 239 (2013). On February 25, 2016, Judge Ronald B. Leighton in the Federal District Court for the Western District...
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 expressly prohibited gender identity discrimination for years. RCW 49.60, et. seq. The federal government has been slow to adopt the same protections. Now, at the end of the Obama presidency, it appears that federal employment law will begin...
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 strictly regulated by the Oregon Health Authority. The regulations are found at OAR 333-008-0000 through 333-008-1400. Contractors performing tenant improvements or original construction work for such facilities would do well to familiarize themselves with the security requirements...
Alphabet Soup – A Few Things You Need to Know: Developments in Federal Laws That May Have Applicability to Public Sector Employees
Regulatory schemes are often referred to by the initials of the regulatory agencies that enforce them or by the acronyms for the laws—a veritable alphabet soup. Regardless of the acronym or the letters that are used, many of the federal laws apply not just to private sector employers but also to public sector employers. Although...
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 weary: While a duty to defend may be required initially, extrinsic evidence can be used to terminate the defense. In many jurisdictions, however, the task of obtaining a court order allowing withdrawal from the defense may...