The Western District of Washington recently issued an opinion in Beasley v State Farm Mut. Auto. Ins. Co., 2014 WL 1494030 (W.D. Wash. Apr. 16, 2014), addressing an insured’s extra-contractual claims following an uninsured motorist (UIM) claim. After addressed the insurance claim’s tortured history, the court determined that all of […]
Archive | May, 2014
Washington Court Holds Insurer Had Duty to Defend Property Owner as Additional Insured
By Scott MacLaren on May 23, 2014 in Commercial General Liability, Consumer Protection Act (CPA), Duty to Defend, Duty to Idemnify, Extra-Contractual Insurance Claims, Insurance Bad Faith, Insurance Fair Conduct Act (IFCA)
A judge in the Western District of Washington recently issued an opinion in Seaway Properties LLC v Fireman’s Fund Ins. Co., 2014 WL 1612696, — F.Supp.2d — (W.D. Wash. Apr. 22, 2014), which addressed a property owner’s claim for defense and indemnity as an additional insured under its tenant’s insurance […]
E.D. Washington Addresses Extra-Contractual Insurance Coverage Claims
By Scott MacLaren on May 20, 2014 in Consumer Protection Act (CPA), Extra-Contractual Insurance Claims, Insurance Bad Faith, Insurance Fair Conduct Act (IFCA)
The Eastern District of Washington recently issued an extensive opinion in Hell Yeah Cycles v Ohio Sec. Ins. Co., 2014 WL 1671491, — F.Supp.2d — (E.D. Wash. Apr. 28, 2014), addressing an insured’s claims for violation of the Washington Consumer Protection Act, violation of the Insurance Fair Conduct Act, and […]
Intentional Loss Exclusion Bars Coverage for Claim Per Washington Court
By Scott MacLaren on May 14, 2014 in Automobile Insurance, Fire Loss, Homeowner's and Property Insurance, Insurance Coverage, Intentional Loss, Property Damage
The Western District of Washington issued a published opinion on April 16, 2014, analyzing application of the intentional loss exclusion in an insurance policy in a case titled IDS Prop. Cas. Ins. Co. v Crawford, 2014 WL 1494080, — F.Supp.2d — (W.D. Wash. Apr. 16, 2014). On October 31, 2011, […]
Washington Court Addresses Vacancy Provision
By Scott MacLaren on May 13, 2014 in Commercial General Liability, Insurance Coverage, Vacancy, Water Loss
Earlier this year, the Western District of Washington considered application of a vacancy provision in a commercial property loss claim in a case titled Hartford Cas. Ins. v Mark, 2014 WL 300989 (W.D. Wash. Jan. 28, 2014). The case involved a family-owned business that operated in a building in downtown […]
Improvement of Land is Covered Under CGL per Montana Fed. Court
By Scott MacLaren on May 9, 2014 in Commercial General Liability, Insurance Coverage, Land Exclusion
In March of this year, the federal district court in Montana considered whether damage to a pipeline right of way caused by historic precipitation levels was covered under an insurance contract. In Barnard Pipeline Inc. v Travelers Property Casualty Co. of America, 2014 WL 980120 (D. Mont. Mar. 18, 2014), […]
MLR Obtains Jury Verdict in Water Loss Coverage Lawsuit
By Scott MacLaren on May 8, 2014 in Additional Living Expenses (ALE), Homeowner's and Property Insurance, Water Loss
Maloney Lauersdorf Reiner recently obtained a verdict in favor of its client following a three day trial in Marion County Circuit Court in Benninger v. Farmers Ins. Co. of Oregon, Marion County Circuit Court, Case No. 13C10643. MLR attorneys F.J. Maloney and Kyle Sturm successfully tried the case to a […]
Washington Court Holds No Duty to Defend in Construction Row
On May 5, 2014, the Washington Court of Appeals issued an unpublished opinion in Western National Assurance Co. v. Shelcon Construction Group, LLC, Wash. Ct. of App., Div. 1, No. 70143-6-I (May 5, 2014), which addressed an insurance company’s duty to defend in the context of a lawsuit alleging defective […]
MLR Obtains Trial Victory on Water Loss Claim
By Scott MacLaren on May 5, 2014 in Additional Living Expenses (ALE), Appraisal, Attorney Fees, Examination Under Oath (EUO), Extra-Contractual Insurance Claims, Homeowner's and Property Insurance, Insurance Bad Faith, Water Loss
On April 4, 2014, the Marion Court Circuit Court entered a general judgment, following a motion for judgment notwithstanding the verdict and for new trial, in favor of Maloney Lauersdorf Reiner’s client in Long v. Farmers Ins. Co. of Oregon, Marion County Circuit Court, Case No. 12C23950. Attorneys F.J. Maloney […]