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 […]
Archive | Property Damage
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 […]
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, […]
PLRB Highlights Two Recent MLR Cases
By Scott MacLaren on November 22, 2013 in Automobile Insurance, Consumer Protection Act (CPA), Fire Loss, Homeowner's and Property Insurance, Property Damage, Replacement Cost
The Property & Liability Resource Bureau (PLRB) has highlighted two recent MLR success stories on its Property and Liability Legal Updates page (login required). The first case highlighted by PLRB is the Hoffman v. Foremost Signature Ins. Co., Civ. No. 6:12-cv-1534-MC, matter from the U.S. District Court in Oregon, in […]
Washington Court of Appeals Upholds Summary Judgment for MLR Client
By Scott MacLaren on November 12, 2013 in Automobile Insurance, Consumer Protection Act (CPA), Extra-Contractual Insurance Claims, Insurance Bad Faith, Property Damage, UM/UIM Insurance
On November 4, 2013, the Washington Court of Appeals, Div. I, following argument by attorney F.J. Maloney, issued a favorable ruling in support of MLR’s client upholding the trial court’s grant of summary judgment. The case involved a claim for UIM property damage to a car under policy language that […]