Archive | Insurance Bad Faith

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MLR to Host “Third Annual Year in Review” Free CLE Event

Maloney Lauersdorf Reiner is happy to announce that it will be conducting a CLE entitled “Insurance Coverage Law: MLR’s Third Annual Year in Review” on Thursday, December 8, 2016.  The CLE will explore the most important insurance coverage decisions from Oregon and Washington in 2016, including discussion of cases concerning misrepresentation litigation, […]

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South Dakota Supreme Court Rules in Favor of MLR Client on Attorney-Client Privilege

Yesterday, Maloney Lauersdorf Reiner’s client received a favorable South Dakota Supreme Court ruling for its client in Andrews v. Twin City Fire Ins. Co., 2015 S.D. 24 (2015).  MLR attorneys F.J. Maloney and Nick Thede, along with local counsel Jason Smiley of Gunderson Palmer Nelson Ashmore, LLP of Rapid City, […]

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Undisclosed Adult Child Entitled to UIM Coverage

The Washington Court of Appeals recently issued an opinion in Patriot Gen. Ins. Co. v. Gutierrez, No. 32109-6-III, 2015 WL 773571 (Wash. Ct. App. Feb. 24, 2015), addressing whether an insured’s adult child was covered under an auto policy.  The insured failed to disclose the adult child on the insurance […]

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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 […]

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No Bad Faith for Relying on IME per Washington Court

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), […]

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Statute of Limitations Bars Bad Faith and CPA Claims

On July 28, 2014, the Washington Court of Appeals issued an unpublished opinion in Momah v. Washington Cas.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 […]

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Washington Court Addresses “First Party Insured” Requirement in IFCA

A Washington federal district court recently issued an opinion in Cox v. Continental Cas. Co., 2014 WL 2011238 (W.D. Wash. May 16, 2014).  The case addressed several extra-contractual insurance claims brought by a class of plaintiffs based on an assignment from the insured tortfeasor.  The court determined that the insured tortfeasor, […]

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Insurance Bad Faith Claim Dismissed as Redundant

On the heels of the recent decision by the Eastern District of New York in 433 Main Street Realty, LLC v. Darwin Nat’l Assur. Co., 2014 WL 1622013 (E.D.N.Y. Apr. 22, 2014), a judge in the Southern District of New York similarly dismissed an insured’s claim for insurance bad faith as being redundant.  In County […]

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Bad Faith and Breach of Contract Claims Redundant Per Court

The U.S. District Court for the Eastern District of New York recently issued an opinion in 433 Main Street Realty LLC v Darwin Nat’l Assur. Co., 2014 WL 1622013 (E.D.N.Y. Apr. 22, 2014), addressing the redundancy of an insured’s claims for breach of the insurance contract and breach of the implied […]

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UIM Claimant Not Entitled to Extra-Contractual Damages Per Washington Judge

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 […]

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