Tag: Uncovered Claims

Quarterly Newsletter Winter 2019 In a recent case, the Oregon Court of Appeals analyzed whether an “occurrence” under an insurance policy was the alleged negligence or the resulting injury.  In light of the plain language of the exclusion, the Court determined the resulting injury, not the nature of the claim, dictated coverage. Epps v. Farmers [...]

Quarterly Newsletter Winter 2019 In 2013, the Washington Supreme Court rendered a decision in Nat'l Sur. Corp. v. Immunex Corp., 297 P.3d 688, 691 (Wash. 2013) that an insurer could not seek recoupment of defense costs incurred for uncovered claims when it defended an insured under a reservation of rights.  While the Immunex decision rejected [...]