Archive | December, 2013

Insured Entitled to Additional Living Expense (ALE) Through Appraisal and Construction

In Garoutte v American Family Mut Ins Co.,  U.S. Dist. Court, W.D. Wash., Case No. C12-1787 BHS, 2013 WL 3819923 (July 23, 2013), Judge Benjamin H. Settle of the U.S. District Court for the Western District of Washington, at Tacoma, addressed issues relating the appraisal and additional living expense (ALE) […]

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Washington Federal District Court Addresses Bad Faith, CPA, and IFCA

On October 29, 2013, Judge Marsha Pechman of the Western District of Washington issued an opinion denying-in-part and granting-in-part an insurance company’s motion for summary judgment on claims for insurance bad faith and violations of the Washington Consumer Protection Act (CPA) and Insurance Fair Conduct Act (IFCA) in Bird v. American […]

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Washington Supreme Court Determines No Coverage Under Marine Policy for Independent Contractor

Last week, the Washington Supreme Court affirmed a trial court’s grant of summary judgment in favor of an insurance company, holding that personal injuries a general partner suffered while working as an independent contractor were not covered under the partnership’s insurance contract.  In Int’l Marine Underwriters v. ABCD Marine, LLC, […]

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Washington Insurance Companies Cannot Reserve the Right of Reimbursement for Payment of Defense Costs on Non-Covered Claims

Earlier this year, the Washington Supreme Court issued a 5-4 decision addressing an insurer’s ability to reserve the right to seek reimbursement of costs paid in defending claims that are ultimately determined to not be covered.  This was an issue of first impression in Washington.  In National Surety Corp. v. […]

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