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The Northwest Policyholder

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

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Northwest Data Breach Laws Are Changing—Is Your Cyber Insurance Keeping Up?
Legal requirements for managing consumer data and handling data breaches are changing, so now is a good time to check your cyber insurance to make sure that it is keeping up. New Oregon Law + Proposed Washington Law + California CCPA = Increasing Bu...
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Oregon Court: Common Commercial Property Insurance Suit-Limitation Clause is Ambiguous
Oregon federal Magistrate Judge Stacie Beckerman gave policyholders an early Christmas present on December 20, 2019, holding that the most commonly-used suit limitation clause in commercial property insurance is ambiguous, and that therefore the poli...
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Washington Supreme Court: Consumer Protection Act Applies Broadly, Federal Courts Wrong
In Peoples v. USAA, decided on November 27, 2019, the Washington Supreme Court held that insurance companies can be liable under Washington's Consumer Protection Act (RCW Ch. 19.86) if they violate Washington claims-handling regulations and wrongfu...
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Insurance and Cannabis—Requirements, Exclusions, Positive News
Cannabis businesses don’t have many options when it comes to insurance, because major insurance players are staying out of the market until cannabis is reclassified under federal law. However, cannabis licensees are required to carry insurance by sta...
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Understanding Insurance Terms in Construction Contracts
Miller Nash attorneys Seth Row and Shanelle Honda were published in the Fall 2019 issue of the NAMC-OR Newsletter. The link to the full story is available below. Construction contracts at all tiers usually include terms requiring ce...
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Policyholders Must Be “Made Whole” Before Insurers Recover Payments From Third Parties
The Washington Supreme Court recently issued a decision strongly reiterating the “made whole” doctrine under Washington law, which provides that an insurer cannot exercise its right of reimbursement from a third party who injured its insured, until...
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