The Oregon federal district court recently addressed the enforceability of an indemnification agreement under ORS 31.140 and its impact on an insurer’s duty to defend and duty to indemnify an insured. In Portland Gen. Electric Co. v. Liberty Mut. Ins. Co., No. 3:15-cv-00217-HZ, 2015 WL 3892593, — F.Supp.3d — (D. […]
An Oregon federal district court judge recently issued an opinion and order in Navigators Ins. Co. v Hamlin, No. 14-cv-196-MC, 2015 WL 1084825 (D.Or. Mar. 10, 2015) addressing an insurance company’s duty to defend and indemnify its insured for claims relating to alleged professional services rendered by the insured. The […]
Last week, the Oregon Court of Appeals analyzed two commonly litigated issues that arise when a policyholder has inadequate insurance coverage and suffers a loss. First, the court considered whether reformation of the insurance policy was appropriate. Second, it assessed whether there was a viable claim for negligent procurement of […]
An Iowa federal court judge recently issued a ruling in Michigan Millers Mut. Ins. Co. v. Asoyia, Inc. et al., U.S. Dist. Court for the S.D. Iowa, Case No. 11-cv-00006-CRW (April 23, 2014), addressing a liability insurer’s claim that it did not have a duty to defend or indemnify its […]
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 […]
On May 5, 2014, the Washington Court of Appeals issued an unpublished opinion in Western National Assurance Co. v. Shelcon Construction Group, LLC, Wash.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 […]
The United States Court of Appeals for the Eleventh Circuit released an unpublished opinion on March 20, 2014, in Composite Structures, Inc. d/b/a Marlow Marine Sales v. The Continental Ins. Co., — Fed. Appx —, 2014 WL 1069253 (11th Cir., Mar. 20, 2014), addressing whether a court may consider information […]
This week, the Washington Court of Appeals, Division 1, affirmed a Clark County trial court judge’s dismissal on summary judgment of an assigned bad faith claim against an insurance company. In an unpublished opinion in Water’s Edge Association v. Farmers Ins. Exch., Wash. Ct. of App., No. 71066-4-I (March 3, […]
On February 20, 2014, the Oregon Court of Appeals released an opinion in Leach v. Scottsdale Indem. Co., 261 Or App —, — P3d —, No. A151680 (Feb. 12, 2014), addressing an insurance company’s duty to defend and duty to indemnify under a commercial general liability policy. The case concerned […]
On February 6, 2014, the Florida Supreme Court issued an opinion on the requirements for satisfying a self-insured retention provision in a liability insurance policy and application of the “insured made whole” doctrine. The case of Intervest Construction of Jax, Inc., et al. v. General Fidelity Ins. Co., 2014 WL […]
