The Northwest Policyholder
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Washington Court Limits Coverage by Estoppel When Insured's Assets Are Not at Risk
Many tort lawsuits are resolved by an insured defendant’s stipulating to a judgment in favor of the plaintiff, and the plaintiff’s agreeing not to execute on the judgment against any of the defendant's assets except for its insurance. Simulta...
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Oregon Supreme Court Clears Roadblock to Allow Policyholders to Recover Litigation Costs
In a decision issued yesterday, February 2, 2017, the Oregon Supreme Court reversed several lower-court decisions and held that a policyholder that is forced into litigation with its insurer can recover attorney fees if the insurer settles the case f...
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Washington Supreme Court Narrows Scope of the Insurance Fair Conduct Act
In a decision issued last week, the Washington Supreme Court narrowed the possible relief available to policyholders who are harmed by insurer misconduct, holding that a claim cannot be brought under the Insurance Fair Conduct Act based on claims han...
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Washington Federal Court Confirms That EPA General Notice Letters Trigger the Duty to Defend
The United States District Court for the Western District of Washington recently held that several insurers breached their insurance contracts when they refused to defend their insureds against letters from the EPA and the Washington State Department...
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"Contractors Special Conditions" Endorsement Sets Traps for Policyholders and Defense Counsel
An endorsement that has become common in general contractors' insurance policies can function as a trap for both the policyholder and defense counsel. The "Contractors Special Conditions" endorsement requires that the policyholder must have written c...
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In Extraordinary Ruling, Washington Supreme Court Applies “Efficient Proximate Cause” Rule to Liability Coverage Dispute
On April 27, the Washington Supreme Court created a significant new wrinkle in how courts will approach liability insurance disputes involving policy exclusions. In Xia v. ProBuilders Specialty Insurance Co. RRG, the Court applied the “efficient prox...
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