A new decision in the long running Siltronic insurance coverage litigation at the Portland Harbor Superfund Site gives new guidance on determining whether a cost should be categorized as a “defense cost” or an “indemnity payment.” The decision also fleshed out
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 7
Chalk Up a Cyber-Coverage Win for the Policyholder
On April 11, the Fourth Circuit Court of Appeals affirmed the decision of a Virginia federal district court that held that Travelers was required to provide a defense under a general liability insurance policy to Portal Health Care Solutions, LLC,…
New Law in Oregon Means Policyholders Should Now Report Bad Behavior to Insurance Commissioner
By Seth Row
This week, Oregon’s governor signed into law SB 1591A, which permits the Insurance Commissioner (part of the Department of Consumer and Business Services, or DCBS) to release complaints made to DCBS about insurance company claims handling practices, upon request.…
Why a Decision on the Construction Statute of Repose Matters for Coverage in Oregon
By Seth Row
My colleagues Stacey Martinson and Christi Taylor posted an excellent summary on our From the Ground Up blog of a new Oregon Supreme Court decision—Shell v. Schollander Companies, Inc., 350 Or 552 (2016)—on when Oregon’s ten-year statute of ultimate repose begins…
Washington Federal Court Goes Where None Have Gone Before on Excess Carrier Bad Faith
Late last month, the United States District Court for the Western District of Washington faced an issue that appears never to have been addressed in Washington or any other state: Whether a policyholder may pursue a bad faith claim against…
The Other Shoe Just Dropped: Cyber Insurer Sues in Oregon to Avoid First Party Benefits for Malware Event
By Seth Row
Those who follow the fast-moving growth of cyber-insurance as a product have been waiting for the other shoe to drop: coverage litigation, particularly about the many loopholes and limitations in first-party coverage for data breaches and similar events. One such…
MNG&D Breakfast Roundtable: Insurance Coverage
By Seth Row
Insurance Coverage: Strategies to Protect Your Business
Please join us in our Portland office on Wednesday, February 24, 2016 for this no-cost roundtable discussion of practical tips for using insurance to manage risk to your business. The program will help…
Court Protects Self-Insured Policyholders Facing Historic Environmental Liability
Environmental cleanups typically involve industrial sites that have operated for decades. Because of this, well-positioned policyholders will have defense coverage under numerous policies and from a range of different insurers. When this occurs, defense costs have to be allocated between…
Insurer Sues to Terminate Defense of Premera Cyber Breach
By Seth Row
On December 8, 2015 an insurer for Premera Blue Cross sued to terminate its defense obligation (and any indemnity obligation) in a class-action lawsuit involving the theft of 11 million medical records. We have previously reported on the massive Premera breach…
Oregon Supreme Court Overrules 40-Year Precedent on Covenant Judgments
By Seth Row
Good news for policyholders today from the Oregon Supreme Court: the court overruled the 42-year-old Stubblefield decision, making it much easier for defendants in litigation to protect themselves if their insurance company fails to reach a reasonable settlement with the…