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The Northwest Policyholder

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

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Insurer Sues to Terminate Defense of Premera Cyber Breach
On December 8, 2015 an insurer for Premera Blue Cross sued to terminate its defense obligation (and any indemnity obligation) in a class-action lawsuit involving the theft of 11 million medical records.  We have previously reported on the...
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Oregon Supreme Court Overrules 40-Year Precedent on Covenant Judgments
Good news for policyholders today from the Oregon Supreme Court: the court overruled the 42-year-old Stubblefield decision, making it much easier for defendants in litigation to protect themselves if their insurance company fails to reach a reasona...
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Confluence of "Cyber" Events Has Directors & Officers Concerned About Coverage
Three "cyber"-related events in the last month have made corporate directors and officers sit up and take notice when it comes to cyber breaches and cyber coverage. First, the Third Circuit's decision in Federal Trade Commission v. Wy...
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New Oregon Decision Impacts Umbrella Coverage and Additional Insured Status
A new decision from the Oregon Supreme Court on indemnity agreements may impact one of the most headache-inducing negotiating points in indemnity contracts: "additional insured" coverage under umbrella policies.  Common assumptions about what...
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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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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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