On April 27, the Washington Supreme Court created a significant new wrinkle in how courts will approach liability insurance disputes involving policy exclusions. In Xia v. ProBuilders Specialty Insurance Co. RRG, the Court applied the “efficient proximate cause” rule
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 5
BEWARE—The Pollution Exclusion Is Alive in Oregon
Contractors, builders, real estate managers, and others should be aware of a March 9, 2017, decision by an Oregon federal judge who found that carbon monoxide is included in the plain meaning of “pollutant” as defined in a liability insurance…
Washington Federal Court Confirms That EPA General Notice Letters Trigger the Duty to Defend
By Jeff Miller & Seth Row
The United States District Court for the Western District of Washington recently held that several insurers breached their insurance contracts when they refused to defend their insureds against letters from the EPA and the Washington State Department of Ecology identifying…
Washington Supreme Court Narrows Scope of the Insurance Fair Conduct Act
By Drew Duggan
In a decision issued last week, the Washington Supreme Court narrowed the possible relief available to policyholders who are harmed by insurer misconduct, holding that a claim cannot be brought under the Insurance Fair Conduct Act based on claims handling,…
Oregon Supreme Court Clears Roadblock to Allow Policyholders to Recover Litigation Costs
In a decision issued yesterday, February 2, 2017, the Oregon Supreme Court reversed several lower-court decisions and held that a policyholder that is forced into litigation with its insurer can recover attorney fees if the insurer settles the case for more…
The Latest on the Duty to Defend in Oregon
Last year our partner Seth Row reported on an Oregon Court of Appeals decision, West Hills Development Co. v. Chartis Claims, Inc., 273 Or App 155 (2015).
In West Hills, Oregon Auto Insured, a subcontractor, and the liability policy named…
Washington Court Limits Coverage by Estoppel When Insured’s Assets Are Not at Risk
Many tort lawsuits are resolved by an insured defendant’s stipulating to a judgment in favor of the plaintiff, and the plaintiff’s agreeing not to execute on the judgment against any of the defendant’s assets except for its insurance. Simultaneously, the…
Duty to Cooperate: What Does It Really Require?
Virtually every insurance contract imposes on the policyholder a “duty to cooperate” with the carrier during the fact-gathering and investigation process. Typically, this requires the policyholder to assist its carrier in the investigation, defense, and settlement of a claim or suit,…
Montana: Insurer Breached Duty to Defend Even if Policyholder Was Defended by Another Insurer
By Seth Row
The Montana Supreme Court issued a decision Thanksgiving week clarifying that when a
policyholder is owed a defense by multiple general liability insurers, all of those insurers must participate in the defense, or risk severe penalties for breaching the duty…
Additional Insured Promises Mean Companies May Pay Twice for Employee Injuries
By Seth Row
Most business owners understand that in exchange for paying premiums for workers compensation insurance, they get immunity from suit from their own injured employees. This is usually referred to as the workers compensation “exclusive remedy”: if an employee accepts workers…