Archive | January, 2014

Washington Court Finds No Duty to Defend or Indemnify an Insured

On January 28, 2014, Division 2 of the Washington Court of Appeals issued an extensive opinion in United Services Auto. Ass’n v. Speed, Wash. Ct. of App., Div. 2, No. 43728-7-II (Jan. 28, 2014) discussing an insurance company’s duties to defend and indemnify an insured under homeowners and automobile insurance […]

Continue Reading 0

Oregon Fed. Court Judge Reconsiders Prejudgment Interest and Attorney Fees

We wanted to follow-up on our blog entry of November 20, 2013, concerning the Precision Seed Cleaners v. Country Mutual Ins. Co. matter.  Our prior entry noted that the parties filed competing motions for reconsideration regarding Judge Marco A. Hernandez’s ruling on the issues of attorney fees and prejudgment interest.  […]

Continue Reading 0

Court Bifurcates Contract and Bad Faith Claims for Trial and Discovery

The Appellate Division of the Superior Court of New Jersey recently issued an opinion addressing whether a claim for breach of insurance contract for UIM benefits should be bifurcated from the attendant bad faith claims.  In particular, in Procopio v Government Employees Ins Co., 433 N.J. Super. 377, 80 A.3d 749 […]

Continue Reading 0

Federal District Court in Washington Addresses the Duty to Defend and Indemnify

In Bayley Const v Great American E And S Ins Co., U.S. Dist. Court, Western Dist. of Wash, Case No. C13-0114 JLR (Nov. 1, 2013), the U.S. District Court for the Western District of Washington recently considered dueling motions for summary judgment in a case asserting claims for breach of […]

Continue Reading 0