On August 28, 2014, the Washington Supreme Court issued an opinion in Johnston-Forbes v. Matsunaga, — Wn.2d —, — P.3d — (2014), analyzing the admissibility of biomechanical engineering testimony in a personal injury case. The court determined that the testimony was properly admitted by the trial court based on the […]
Archive | August, 2014
Court Vacates Jury Verdict Due to Inadmissible Fire Expert Opinion
The South Carolina Court of Appeals ordered a new trial in a fire loss insurance dispute based on the admission opinions from the fire chief that responded to the fire. On August 6, 2014, in Fowler v Nationwide Mut. Fire Ins. Co., —S.E.2d —, 2014 WL 3844215 (S.C. Ct. App. […]
Diminished Value Class Action Suit Filed in Washington
On August 20, 2014, a Washington automobile insurer filed a notice of removal of a purported class action lawsuit from the superior court in Pierce County to the federal district court in Tacoma. The case is captioned Johnston v. United Services Auto. Ass’n (Complaint). The lawsuit was filed by a […]
Ninth Circuit Asks Washington to Define “Collapse”
By Scott MacLaren on August 21, 2014 in Collapse, Homeowner's and Property Insurance, Insurance Coverage
On August 19, 2014, a panel the Ninth Circuit Court of Appeals considering the case Queen Anne Park Homeowners Ass’n v. State Farm Fire and Cas. Co., Appeal No. 12-36021, certified the following question to the Washington Supreme Court: What does “collapse” mean under Washington law in an insurance policy that […]
Oregon UM/UIM Case Addresses Issues of Attorney Fees and Evidence
On July 9, 2014, the Oregon Court of Appeals issued an opinion in Jones v Nava, 264 Or App 235, — P3d — (2014), analyzing an insured’s ability to present evidence of fear and nightmares in a UM/UIM coverage case. Overruling the trial court, the Court of Appeals held that an […]
Oregon Court Holds Insurer Entitled to Subrogation Against Tortfeasor
On August 13, 2014, the Oregon Court of Appeals issued an opinion in Nationwide Ins. Co. of Am. v. Tri-County Metropolitan Trans. Dist., 2014 WL 3954003, — Or App —, — P.3d — (2014), addressing whether an insurance company sufficiently stated a claim against an alleged tortfeasor in a subrogation […]
No Bad Faith for Relying on IME per Washington Court
By Scott MacLaren on August 5, 2014 in Consumer Protection Act (CPA), Extra-Contractual Insurance Claims, Insurance Bad Faith, Insurance Fair Conduct Act (IFCA), Personal Injury Protection (PIP), UM/UIM Insurance
The U.S. District Court for the Western District of Washington recently issued an opinion addressing an insured’s claims for bad faith and violation of the Insurance Fair Conduct Act (IFCA) and Consumer Protection Act (CPA). In Wilson v Austin Mut. Ins. Co., 2014 WL 3534053 (W.D. Wash., July 15, 2014), […]
Statute of Limitations Bars Bad Faith and CPA Claims
By Scott MacLaren on August 1, 2014 in Consumer Protection Act (CPA), Extra-Contractual Insurance Claims, Insurance Bad Faith
On July 28, 2014, the Washington Court of Appeals issued an unpublished opinion in Momah v. Washington Cas. Co., Wash. Ct. App., Case No. 69456-1-I (July 28, 2014), analyzing the statute of limitations on an insured’s ability to sue a liability insurer under the Consumer Protection Act (CPA) and for […]