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Insurance Commando Blog

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 »

March 21, 2016

To Avoid Bad-Faith Liability, PIP Carriers Must Promptly Investigate Claims

A recently published federal decision underscores the risks to insurers of failing to promptly investigate and pay valid personal injury protection (PIP) claims. McGee-Grant v. Am. Family Mut. Ins., ___ F. Supp. 3d ___, 2016 more about this article »

January 26, 2016

Washington Courts Have Work to Do to Flesh Out Adversarial Nature of UIM Insurance

The plaintiff’s bar looks at UIM insurance with mouth-watering desire, expecting a windfall in every case by merely invoking Washington’s extra-contractual causes of action.  Some courts go along with this, assuming that extra-contractual treatment of more about this article »

January 6, 2016

Splitting the UIM from the PIP Claim Handling: Not Required in Washington.

During the past year, we have defended insurance carriers from allegations that it is improper to have one claim representative handle both the underinsured motorist (UIM) claim and the personal injury protection (PIP) claim and more about this article »

December 3, 2015

Eastern District of Washington Rules on Scope of Insurance Fair Conduct Act

In a published decision, the Eastern District of Washington recently decided two frequently litigated issues regarding the scope of the Insurance Fair Conduct Act (IFCA). Workland & Witherspoon, PLLC v. Evanston Ins. Co., ___ F. more about this article »

October 5, 2015

Court Shanks Hole-in-One Insurance Coverage Decision

In Servco Pacific Insurance v. AXIS Insurance, No. C15–0563, 2015 WL 5178031 (W.D. Wash. Sept. 4, 2015 ), the federal court in Seattle failed to enforce unambiguous policy language. Instead the court “reformed” a policy more about this article »

September 22, 2015

What’s the Harm?: WAC Violations and the Vanishing “Standalone” IFCA Claim

As regular readers of this blog will recall, Washington State is a hotbed of bad faith litigation thanks in no small part to Washington’s Insurance Fair Conduct Act (IFCA). Some recent decisions suggest that “standalone” more about this article »