Tag Archives | duty to indemnify

Insurer Has Duty to Defend Despite Indemnity Agreement Per Oregon Court

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. […]

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Oregon Court Finds No Duty to Defend or Indemnify for Alleged Professional Services

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 […]

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Washington Court Holds Insurer Had Duty to Defend Property Owner as Additional Insured

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 […]

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Extrinsic Evidence Properly Considered in Duty to Defend Suit Per Eleventh Circuit

The United States Court of Appeals for the Eleventh Circuit released an unpublished opinion on March 20, 2014, in Composite Structures, Inc. d/b/a Marlow Marine Sales v. The Continental Ins.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 […]

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Washington Court Finds Insurer Complied with Duties to Defend and Indemnify

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  In an unpublished opinion in Water’s Edge Association v. Farmers Ins.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, […]

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Oregon Court Addresses Insurer’s Duties to Defend and Indemnify

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 […]

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Washington Court Finds No Duty to Defend or Indemnify an Insured

On January 28, 2014, Division 2 of the Washington Court of Appeals issued an extensive opinion in United Services Auto. Ass’n v. Speed, Wash. Ct. of App., Div. 2, No. 43728-7-II (Jan. 28, 2014) discussing an insurance company’s duties to defend and indemnify an insured under homeowners and automobile insurance […]

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Federal District Court in Washington Addresses the Duty to Defend and Indemnify

In Bayley Const v Great American E And S Ins Co., U.S. Dist. Court, Western Dist. of Wash, Case No. C13-0114 JLR (Nov. 1, 2013), the U.S. District Court for the Western District of Washington recently considered dueling motions for summary judgment in a case asserting claims for breach of […]

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