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August 21, 2015

It’s No Accident: Federal Court Finds No Coverage for Motorcycle Collision

In a published case, Judge Ricardo Martinez of the Western District of Washington recently ruled as a matter of law that a covered accident did not occur when a drunk insured motorcyclist collided with a more about this article »

August 11, 2015

Montana Federal District Court Clarifies Applicability of Tidyman’s Management Services, Inc. v. Davis

In this edition of the Insurance Commando Blog we examine how federal judge Donald Molloy limited the Montana Supreme Court’s holding in Tidyman’s Management Services, Inc. v. Davis, 376 Mont. 80, 330 P.3d 1139 (2014), more about this article »

August 4, 2015

Limitations on Recoverable Costs and Attorney Fees to a Prevailing Insured in Litigation

In Washington, an insured is entitled to recover attorney fees and litigation costs where the insurer compels it to assume the burden of legal action to obtain the full benefit of the insurance contract. Olympic more about this article »

July 15, 2015

Discovery Hall of Shame

Here at the Insurance Commando Blog, we are aware that lawyers of the plaintiff’s bar often take defense counsel to task over litigation tactics, particularly for their responses to discovery requests. Lest the public believe more about this article »

July 2, 2015

Yes Virginia, You Can (Safely) Deny the Duty to Defend in Washington

Believing a liability insurer can safely deny the duty to defend in Washington, without filing a declaratory action and defending under a reservation of rights, seems tantamount to believing in Santa Claus. The Honorable Richard more about this article »

June 15, 2015

Condo Association Construction-Defect Claims under First-Party Policies: A Growth Industry?

The Washington Condominium Act created a bonanza for plaintiffs’ lawyers representing condominium associations. It permitted the condominium association of a new condominium to sue the developer (who would then sue the contractors who built the more about this article »

June 2, 2015

Judge Mendoza Holds that IFCA Applies to Standalone WAC Violations

Washington federal judges have held that standalone WAC violations—regulatory violations without an unreasonable denial of coverage or payment of benefits—do not trigger liability under IFCA. Departing from this majority, Judge Mendoza of the U.S. District more about this article »

May 27, 2015

Tailoring the Suit Requirement: Jorgensen, Gull, and the Duty to Defend in Washington

Insurers and policyholders alike need to take a close look at the duty to defend in the wake of the recent decisions in Gull Industries and Jorgensen Forge Corporation. Washington Courts have long held that more about this article »

May 4, 2015

Oregon Federal Court Enforces Personal Profit Exclusion

CGL policies are the foundation of most commercial insured’s liability coverage. But in addition to CGL coverage, the prudent insured will also buy specialized liability coverage depending on its exposure. These coverages may include professional more about this article »

April 24, 2015

The Rules of Insurance Policy Construction are Alive and Well

Two well-established judicial rule of insurance policy construction are that (1) clear and unambiguous policy language must be enforced as written, and (2) the entire policy must be construed together so as to give force more about this article »