The Northwest Policyholder
All Articles
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...
Continue Reading >
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...
Continue Reading >
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...
Continue Reading >
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...
Continue Reading >
Montana: Insurer Breached Duty to Defend Even if Policyholder Was Defended by Another Insurer
The Montana Supreme Court issued a decision Thanksgiving week clarifying that when a
policyholder is owed a defense by multiple general liability insurers, all of those insurers must participate in the defense, or risk severe penalties for breaching...
Continue Reading >
Additional Insured Promises Mean Companies May Pay Twice for Employee Injuries
Most business owners understand that in exchange for paying premiums for workers compensation insurance, they get immunity from suit from their own injured employees. This is usually referred to as the workers compensation "exclusive remedy": i...
Continue Reading >