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The Northwest Policyholder

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

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Update: Ninth Circuit Affirms Enforcement of China Venue Clause
As an update to our blog post on June 2, 2021, the Ninth Circuit recently affirmed an Oregon court’s ruling that a venue clause in a Chinese liability policy required that a coverage dispute between an additional insured and Zurich will have to be li...
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Oregon Bad Faith Insurance Claims Gain Traction Thanks to New Ruling from Court of Appeals
For many years, conventional wisdom among Oregon lawyers has been that “bad faith” damages are not generally available for an insurer’s breach of its duties to the insured, other than where an insurer has agreed to defend under a liability policy. So...
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Cannabis Coverage Alert: Oregon Court Distills the Science of Cannabis to Find Insurance for a CBD Claim
Although the 2018 Farm Bill carved out hemp from the federal Controlled Substances Act, few court rulings have addressed the legal distinction between federally-legal hemp and federally-illegal cannabis. A new opinion from the District of Oregon (Bog...
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Foreign Arbitration Clauses in Insurance Policies: Oregon Federal Court Enforces Clause—A Cautionary Tale for Domestic Businesses
Retailers and product designers in the U.S. commonly require that product manufacturers add the retailer as an “additional insured” on the manufacturer’s liability policies. A major benefit for a retailer of being an “additional insured” is having a...
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New Additional Insured Form Gets its First Test in Court: How to Avoid the Pitfalls
When the Insurance Service Office, Inc. (“ISO”) – the organization that drafts the standardized forms used by most insurance companies – revised its standard additional insured endorsement in 2013, it was an open question what effect the revisions wo...
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Are Policyholder Wins + New Closure Orders “Game Changers” for NW Business Income Insurance Claims?
The last few weeks have seen both ups and downs for companies that are pursuing business income claims. On the upside, two Washington state courts have now held in favor of policyholders, ruling that government shutdown orders can constitute “physica...
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