Archive | Fire Loss

Intentional Loss Exclusion Bars Coverage for Claim Per Washington Court

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, […]

Continue Reading 0

MLR Obtains Directed Verdict in Washington Bad Faith Trial

On April 16, 2014, Maloney Lauersdorf Reiner attorneys F.J. Maloney and Nick Thede obtained a directed verdict in favor of their client at the trial of Yamaguchi v. Farmers Ins. Co. of Wash., King County District Court, Cause No. 135-02038.  The trial involved claims of insurance bad faith and violations […]

Continue Reading 0

Washington Bad Faith Claim Not Barred by Expired Suit Limitation Provision

The U.S. District Court for the Western District of Washington, at Tacoma, recently issued an opinion Schnell v State Farm Fire and Cas Co., 2014 WL 1089752 (W.D. Wash. Mar. 18, 2014), concerning the impact of an expired suit limitation provision on an insured’s claim for bad faith.  The case concerned […]

Continue Reading 0

Federal Court Issues Sanctions Against Insured

On February 11, 2014, the U.S. District Court for the Southern District of Texas issued an order in the case of Alexander v State Farm Lloyd’s, 2014 WL 549389 (S.D. Tex., Feb. 11, 2014), finding that the insurance company was entitled to its attorney fees as a sanction against the […]

Continue Reading 0

Suit Limitation Provision Held Unreasonable by New York Court

On February 13, 2014, the Court of Appeals of New York issued an opinion in Executive Plaza, LLC v. Peerless Ins. Co., — N.E.3d —, 2014 WL 551251 (N.Y. 2014) addressing a certified question from the U.S. Court of Appeals for the Second Circuit concerning application of a two-year suit limitation […]

Continue Reading 0

Oregon Judge Grants Summary Judgment on Fraud/Misrepresentation

A judge in the Federal District Court of Oregon recently granted summary judgment in favor of two insurance companies on a breach of contract claim on the basis that the policyholder “participated in the theft and misrepresented facts regarding the loss” in Gerke v Travelers Cas, Ins Co. of America, […]

Continue Reading 0

Insured Entitled to Additional Living Expense (ALE) Through Appraisal and Construction

In Garoutte v American Family Mut Ins Co.,  U.S. Dist. Court, W.D. Wash., Case No. C12-1787 BHS, 2013 WL 3819923 (July 23, 2013), Judge Benjamin H. Settle of the U.S. District Court for the Western District of Washington, at Tacoma, addressed issues relating the appraisal and additional living expense (ALE) […]

Continue Reading 0

PLRB Highlights Two Recent MLR Cases

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 […]

Continue Reading 0

Oregon Federal District Court Rules on Attorney Fees and Prejudgment Interest

The U.S. District Court for the District of Oregon issued an in-depth opinion on October 1, 2013, about an insured’s entitlement to a reasonable attorney fee and prejudgment interest under Oregon law.  Judge Marco A. Hernandez issued a detailed analysis on both issues in Precision Seed Cleaners v. Country Mutual […]

Continue Reading 0