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Archive | December, 2013
Insured Entitled to Additional Living Expense (ALE) Through Appraisal and Construction
By Scott MacLaren on December 17, 2013 in Additional Living Expenses (ALE), Appraisal, Extra-Contractual Insurance Claims, Fire Loss, Homeowner's and Property Insurance, Insurance Bad Faith, Insurance Fair Conduct Act (IFCA)
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) […]
Insurance Company Not Permitted to Challenge Discovery Ruling
On November 26, 2013, a commissioner appointed by the Court of Appeals found that an insurance company did not have the right to challenge a determination of a trial court that it must produce certain materials in discovery. In Belanich v. Employers’ Fire Ins. Co., Cause No. 12-2-14368-4 SEA, King County […]
Washington Court of Appeals Rules in Favor of Insurance Company on Application of Exclusion
On October 9, 2013, the Washington Court of Appeals, Division 1, issued an unpublished decision in American States Ins. Co. v. Delean’s Tile and Marble, LLC, Wash. Ct. of App., Div. 1, Case No. 69634-3-I (Dec. 9, 2013), a construction liability case addressing the applicability of an exclusion for work […]
Washington Federal District Court Addresses Bad Faith, CPA, and IFCA
By Scott MacLaren on December 9, 2013 in Automobile Insurance, Consumer Protection Act (CPA), Extra-Contractual Insurance Claims, Insurance Bad Faith, Insurance Fair Conduct Act (IFCA), Personal Injury Protection (PIP)
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 […]
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, […]
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. […]