Betts Patterson Mines

Insurance Commando Blog

December 7, 2017

Washington Court of Appeals Bars Discovery into Privileged Documents Generated During UIM Bad-Faith Litigation

In October, Division Two of the Washington Court of Appeals held that a UIM insurer cannot be compelled to disclose attorney-client privileged and work-product documents generated after a claimant has filed a bad-faith suit. Richardson more about this article »

October 12, 2017

Xia – Maybe or maybe not Henny Penny

In the recent aftermath of the Washington Supreme Court’s 2017 decision in Xia v. Probuilders, many feared the end of the application of CGL exclusions in Washington. But the most recent decision to apply Xia more about this article »

September 8, 2017

Xia v. ProBuilders Revisited – Are Sexual Abuse Exclusions Next to Fall?

This past May, my partner Dan Syhre posted a commentary on the then-recent Washington Supreme Court decision Xia v. ProBuilders Specialty Ins. Co., 188 Wn.2d 171, 393 P.3d 748 (2017).  In that post, Dan pointed more about this article »

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 »