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The Northwest Policyholder

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

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Livin’ on a Prayer (for Noneconomic Damages in a Coverage Dispute)
Tommy, Bon Jovi fans know, is in trouble. From the opening lines of the song, “Livin’ on a Prayer,” we learn that things are so bad that Tommy’s got his six-string in hock. The song implies that Tommy is in straits because the union’s been on strike...
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Washington Agreements Attempting to “Buy Back” Insurance Policies after Loss Invalidated
Parties facing responsibility for long-tail events such as environmental contamination or asbestos exposure can face staggering joint-and-several liabilities. Often, old occurrence-based liability policies offer the only potential source of insurance...
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Washington Court of Appeals Makes It Easier for Policyholders to Tap Excess Coverage
A recent Washington Court of Appeals decision held that “horizontal” exhaustion of primary liability policies was unnecessary to trigger coverage by excess policies. This will make it easier for policyholders to tap excess liability insurance coverag...
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Policyholders Beware: Two CGL Endorsements Seek to Limit Your Liability Coverage (Part 2)
This is Part 2 in our series analyzing newer endorsements to commercial general liability, aka “CGL,” policies, both of which may create serious roadblocks to coverage for Washington policyholders. In this post, we analyze a “defense costs” endorseme...
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Policyholders Beware: Two CGL Endorsements May Limit Your Liability Coverage (Part 1)
Insurers have recently added novel endorsements to commercial general liability, or CGL, policies, both of which may impact a policyholder’s coverage. We have analyzed two that may create serious roadblocks to coverage for Washington policyholders: t...
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New Washington Bill Seeks to Assist Policyholders with COVID-19 Business Income Loss Claims
A Washington State Senate bill introduced last week, Senate Bill 5351, takes aim at insurers’ arguments that their policies do not cover losses caused by COVID-19 and/or related closure orders. According to insurers, their promise to pay for business...
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