Betts Patterson Mines

Author Archive

June 16, 2014

The Duty to Defend Is Not Always Broader than the Duty to Indemnify

Courts frequently observe that a liability insurer’s “duty to defend is separate from, and substantially broader than, its duty to indemnify.”  If a policy’s indemnity language is broader than its defense language, this common observation

June 2, 2014

IFCA Legislative History Revisited

Our readers may recall that Washington voters approved the Insurance Fair Conduct Act (“IFCA”) several years ago.  This statute awards extra-contractual damages to insureds who prove an insurer unreasonably denied coverage or payment of benefits. 

May 19, 2014

Who’s the Boss? Broader Applications of the Employer Liability Exclusion

While “Who’s the Boss” may conjure up images of Tony Danza, a retired baseball player turned housekeeper, the latest edition of the Insurance Commando Blog addresses some courts’ broader construction of standard employer liability exclusion

May 5, 2014

The Sky is the Limit: New Decision Expands Insurers’ Exposure in Covenant Judgment Cases

Covenant judgments are one of Washington’s peculiar procedures. Plaintiffs and insureds use them in reservation of rights and excess exposure cases. In these cases, the plaintiff and insured agree – typically without the insurer’s participation

April 21, 2014

The Elephant in the Room

Recently, the Washington State Supreme Court confronted a problem it created a dozen years ago.  At issue in Expedia v. Steadfast Insurance is whether a court, in deciding duty to defend cases, can consider evidence outside

April 7, 2014

A Journal By Nerds and Trial Lawyers Practicing Insurance Law

As most of BPM’s friends know, our Insurance Coverage Practice Group focuses on providing coverage advice to insurers, and defending them in coverage and bad faith litigation.  We are an interesting mix of agent 007