Betts Patterson Mines

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December 17, 2014

Ninth Circuit Affirms Application of Assault and Battery Exclusion and Endorsement Resulting in Application of Lower Limits

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.

November 17, 2014

Washington Federal Court Says IFCA Does Not Apply to Third Party Liability Insurance

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

November 8, 2014

Montana Insurers Beware: Deny the Duty to Defend at Your Own Risk if You Previously Acknowledged Such a Duty

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.

October 20, 2014

Memo No. 1 to OIC and Legislature: Fix the Olympic Steamship Attorney’s Fee Rule by Requiring Factual Justification for the Award

This is the first in what I anticipate will be a series of blog entries asking the Washington Office of the Insurance Commissioner to propose, and the Washington Legislature to adopt, some changes to Washington

October 6, 2014

No Coverage for Hannibal Lecter, Federal Judge Says: Expansion of the Scope of a Homeowners’ Policy’s “Intentional Loss” Exclusion to the Duty to Defend

This installment of the Insurance Commando Blog discusses a case related to its July 14, 2014 blog entry, in which we discussed the “intentional loss” exclusion in a first-party homeowners’ policy. IDS Prop. and Cas.

September 22, 2014

Drafting Reservation of Rights Letters in Northwestern and Mountain States

The lawyers of the Insurance Commando Blog are frequently asked to write, or help write, reservation of rights letters. Recently, a federal judge in Missouri listed 10 requirements for reservation of rights letters. Western Ins.

August 25, 2014

Res Judicata as a Defense to UIM Bad Faith Claims

Here at the Insurance Commando Blog, we recently received a favorable ruling from Judge Robart holding that extracontractual UIM claims are barred by the doctrine of res judicata when those claims are threatened, but not

July 28, 2014

The Washington Supreme Court’s Expedia Decision Is More Bad News on the Duty to Defend and Extrinsic Evidence Rule

In our inaugural April 11, 2014 blog entry, “The Elephant in the Room,” we expressed hope that Washington’s Supreme Court would adopt a more reasonable duty to defend rule.  Most states allow insurers to rely

July 14, 2014

A More Practical Approach: Cracking Open the Door on the Applicability of a First-Party Property Policy’s “Intentional Loss” Exclusion

Here at the Insurance Commando Blog we appreciate creative ways to argue a policy exclusion.  We especially appreciate it when a judge adopts such arguments in upholding the application of an exclusion.  Recently, Judge Ronald

June 30, 2014

The Second Person in a Two Person Contract Can’t be a Third Person Under the “Insured Contract” Exception

Washington’s Supreme Court is correctly regarded as one of the worst forums for property and casualty insurers.  But late this past year, insurers received a glimmer of hope in a case with novel facts.  Even