Insurance policies are famously obscure, full of non-sequiturs and jargon. Coverage disputes often feature disagreements about the meaning of policy wording. As a result, courts have developed a process for interpreting policies. In Oregon, the interpretation process (the Hoffman analysis,
The Northwest Policyholder
A legal blog focused on insurance coverage issues in the Pacific Northwest
The Northwest Policyholder, published by Miller Nash Graham & Dunn LLP, focuses on insurance law and policyholder rights, particularly in the Pacific Northwest. The blog covers topics such as insurance coverage disputes, interpretation of insurance policy language, business income loss claims related to events like COVID-19 and natural disasters, additional insured endorsements, and legislative developments affecting insurance claims. It also addresses industry-specific insurance issues, including those impacting sectors like construction and cannabis businesses. The blog provides updates on relevant court decisions, legislative proposals, and practical guidance for policyholders navigating complex insurance recovery matters.
Latest from The Northwest Policyholder - Page 3
Insurer Invokes “Act of War” Exclusion in Cyber Policy, Risking Growth for Coverage
By Seth Row
The cyber-insurance world is discussing the ins-and-outs of litigation going on between food manufacturing giant Mondelez International and Zurich over coverage for the ten billion dollar NotPetya cyber attack that crippled several multi-national companies. Zurich has apparently invoked what is…
SB 728: A Commonsense Adjustment to Oregon Insurance Law
Once again Oregon legislatures are looking at removing the exemption of insurance companies from the Oregon Unfair Trade Practices Act. SB 728 makes violations of Oregon’s Unfair Claims Settlement Practices Act (the “UCSPA”) an unlawful trade practice subject to private…
Interpreting Insurance Exclusions for Flood and Surface Water Damage Caused by Human Activity in Oregon
By Katie Fulton
Stormwater overflows and similar accidents are a frequent source of damage in Oregon and the Pacific Northwest generally. Insurers often deny coverage for resulting damage under the “surface and flood” waters exclusion. A recent case out of the U.S. District…
Does the Causation-Trigger Wording of an Additional Insured Endorsement Matter?
By Seth Row
When two companies agree to work together, they will try to allocate the risk of something going wrong to the company that’s in the best position to prevent that from happening. For example, in the construction industry a general contractor…
Insurance Coverage for Trade Secrets Claims
By Seth Row & Brian Esler
In a competitive industry trade secrets can be incredibly valuable. As a result, when trade secrets are stolen, litigation is common. Customer information, supply-chain strategies, marketing plans: all of these have been the subject of lawsuits, typically driven by a…
Oregon Court: “Sudden & Accidental” Exception to Pollution Exclusion Judged from Policyholder’s Perspective
By Seth Row
One of the most critical issues in litigation over coverage for long-tail environmental liabilities is the application of the “qualified pollution exclusion” and in particular the carve-out for pollution that is “sudden and accidental.” A new decision from an Oregon…
Insurance Coverage & the Cannabis Industry
By Seth Row
Properly insuring cannabis businesses, and companies that are involved in the industry but that are not themselves regulated under state cannabis law, can be a tricky undertaking. I recently wrote an article for the Oregon State Bar Cannabis Law Section…
Will Your Cyber Insurance Cover GDPR Fines & Penalties?
By Seth Row
The GDPR, the European Union’s Global Data Protection Regulation (GDPR), took effect on May 25. As my colleagues have written, the regulations apply to many US companies that hold data on EU customers, vendors, or employees. Businesses are still scrambling…
Allocation-Process Information Shielded by Mediation Privilege, not Available to Insurer: Wash. Fed. Court
By Seth Row
In a decision with important implications for “long-tail” environmental contamination coverage claims in the Northwest, a federal court in Washington state has held that information from a confidential “allocation” proceeding in a Superfund site does not need to be produced…