I recently assisted a coalition of business interests and insurers to address bills in the Oregon legislature which would adopt insurance bad faith causes of action in that state. Oregon law has not recognized extracontractual more about this article »
Introduction The duty of good faith and fair dealing does not apply to the insurer only. But because the insurance industry is so heavily regulated, one might mistakenly believe that to be the case. Instead, more about this article »
In Channel Construction, Inc. v. Northland Services, Inc. (a case decided last month), Judge Coughenour (of the U.S. District Court of the Western District of Washington) held that the work product doctrine does not protect more about this article »
Exclusions based on a policyholder’s knowledge are notoriously hard to resolve at summary judgment. Judge Robart, in Washington’s Western District, demonstrated this in his recent decision in Anderson v. Country Mutual Insurance Company, 2015 WL more about this article »
Readers of the Insurance Commando Blog know we criticize Washington’s Supreme Court for proscribing insurers from looking outside the complaint to determine if they must defend. To provide some perspective, and useful information, this week more about this article »
Past contributors to the Insurance Commando Blog have expressed their frustration with Washington’s rigid “eight corners” rule in duty to defend cases. See, e.g., The Elephant in the Room. This rule generally states that insurers more about this article »
You do not have to be a Washington lawyer to appreciate the complexity, and sometimes confusing, “ongoing operations” exclusion – j.(5) – in a CGL policy. This installment of the Insurance Commando Blog happily discusses more about this article »
The Ninth Circuit recently affirmed the application of an assault and battery exclusion and endorsement leading to the application of a $250,000 wasting limit, as opposed to a non-wasting $1,000,000 limit. See Century Sur. Co. more about this article »
Washington State voters approved the Insurance Fair Conduct Act (“IFCA”) in 2007. IFCA increases the penalties available against insurers, including uncapped treble damages and expert witness fees. IFCA’s language says that it applies to “any more about this article »
This edition of the Insurance Commando Blog analyzes Tidyman’s Management Services, Inc. v. Davis, 376 Mont. 80, 330 P.3d 1139 (2014), a recent Montana decision finding a Montana insurer liable for a $29,000,000 stipulated judgment. more about this article »
