Betts Patterson Mines

Insurance Commando Blog

June 1, 2017

The Oregon Court of Appeals says ‘Costs Taxed’ Includes Attorney Fees

In the golden days of yesteryear, Oregon law was mostly a model of fairness to insurance companies. But it increasingly appears that those days must be safely tucked away in the nostalgia file. The tenor more about this article »

May 10, 2017

Washington Supreme Court Negates Liability Exclusions With New Application of “Efficient Proximate Cause” Rule

Last week, the Washington Supreme Court issued its long-awaited decision in Xia v. ProBuilders Specialty Ins. Co. on the subject of the absolutely pollution exclusion (“APE”) as applied to a carbon monoxide leak in a more about this article »

April 19, 2017

Washington Supreme Court Narrows the “Conduct” Covered by Insurance Fair Conduct Act

Although the Insurance Fair Conduct Act (IFCA) has been in place for ten years now, the Washington Supreme Court has at last resolved one of the Act’s most significant ambiguities: whether a regulatory violation, without more about this article »

December 8, 2016

Do We Really Need a Restatement of the Law of Liability Insurance?

The ALI’s Restatement of the Law of Liability Insurance (currently in draft form) is the subject of controversy over whether the proposed rules are excessively favorable to policyholders and whether they reflect true “majority rules.”  more about this article »

November 1, 2016

“Collapse” Coverage Under Long-Expired Property Policies Finally Limited Under Recent Federal Decisions

Earlier this year, two federal courts reached the common-sense conclusion that upright and occupied buildings could not have been in a state of collapse during the term of a first-party insurance policy that expired years more about this article »

September 15, 2016

Lest We Forget that Insurance is Good for Society…

In our business, particularly defending bad faith allegations lobbed against insurers, we regularly run into the perception of the insurance industry as the big bad wolf of modern society.  It was refreshing, therefore, to hear more about this article »

August 8, 2016

The Ninth Circuit Confirms Purpose of Difference in Conditions Coverage

Difference in Conditions (“DIC”) coverage is a unique creature. DIC coverage is generally purchased to fill gaps in coverage that exist in typical property policies.  As a prerequisite to DIC coverage, the insured is required more about this article »

July 12, 2016

Immunex Revisited – Responses from the Industry and the Jury

Just over three years ago, the Washington Supreme Court decided that a liability insurance carrier is not entitled to reimbursement of defense costs if it agreed to defend under a reservation of rights, and a more about this article »

June 29, 2016

Oregon Insurance Bad Faith Bill Goes Down to Defeat

What is so rare as a day in June, asked the poet James Russell Lowell.  Many possible answers spring to mind – environmental contamination matters that end in a month; telephone sales solicitations that come more about this article »

June 3, 2016

Federal Court Holds that Insurance for Marijuana Business Does Not Violate Public Policy

Although marijuana remains illegal under federal law, a large number of states over the last twenty years have either legalized or decriminalized marijuana possession and sales, and many others are expected to do so in more about this article »