Archive | January, 2015

Washington Jury Finds Against Insurer on Negligence, CPA Claims

Last Friday, a jury sitting in the Western District of Washington in Cox v. Continental Cas. Co., No. C13-2288 MJP (W.D. Wash. Jan. 23, 2015), found an insurer acted negligently and violated the Washington Consumer Protection Act, awarding $16.5 million in damages.  We previously wrote about the Cox case last June […]

Continue Reading 0

Court Considers Application of Equitable Estoppel to Suit Limitation Provision

Last month, the Oregon federal district court, applying Washington law, addressed whether equitable estoppel barred an insurance company from relying on a one-year suit limitation provision.  Semeryanov v. Country Mut. Ins. Co., 2014 WL 6998097, No. 14-cv-313-SI (D. Or. Dec. 9, 2014), concerned an insured whose residence, which sat in […]

Continue Reading 0

Oregon Court Analyzes “Proof of Loss” on UIM Claim

On December 24, 2014, the Oregon Court of Appeals issued a published opinion in Hall v. Speer, 267 Or App 639, ___ P3d ___ (2014), concerning what constitutes a “proof of loss” for triggering an insurance company’s obligation to investigate a potential underinsured motorist (UIM) claim and, thus, an insured’s right […]

Continue Reading 0