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The Northwest Policyholder

A legal blog focused on insurance coverage issues in the Pacific Northwest

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The Other Shoe Just Dropped: Cyber Insurer Sues in Oregon to Avoid First Party Benefits for Malware Event
Those who follow the fast-moving growth of cyber-insurance as a product have been waiting for the other shoe to drop: coverage litigation, particularly about the many loopholes and limitations in first-party coverage for data breaches and similar eve...
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Washington Federal Court Goes Where None Have Gone Before on Excess Carrier Bad Faith
Late last month, the United States District Court for the Western District of Washington faced an issue that appears never to have been addressed in Washington or any other state: Whether a policyholder may pursue a bad faith claim against its exce...
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Why a Decision on the Construction Statute of Repose Matters for Coverage in Oregon
My colleagues Stacey Martinson and Christi Taylor posted an excellent summary on our From the Ground Up blog of a new Oregon Supreme Court decision—Shell v. Schollander Companies, Inc., 350 Or 552 (2016)—on when Oregon's ten-year statute of...
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New Law in Oregon Means Policyholders Should Now Report Bad Behavior to Insurance Commissioner
This week, Oregon's governor signed into law SB 1591A, which permits the Insurance Commissioner (part of the Department of Consumer and Business Services, or DCBS) to release complaints made to DCBS about insurance company claims handling practices,...
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Oregon Court Rejects Insurer's "Trained Monkey" Defense
In order to avoid providing a defense to an insured, insurance companies often argue that the complaint or demand does not clearly allege covered damage.  I call this the "trained monkey" defense - essentially, the insurance company's position...
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Top Five Cyber Coverage Considerations for Northwest Businesses
Cyber coverage is a frequent topic of conversation among those involved in risk management.  Here are my top five things for Northwest businesses to consider, from a coverage lawyer's perspective. 1.  Accurately assess your risks....
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