Northwest Insurance Law Blog

"Showcases recent insurance law headlines within the greater northwest region."

Author: Jerry Edmonds, Dana Ferestien and Mary Re Knack, are partners in William Kastner's Seattle office, and David Ryan is of counsel in Williams Kastner's Portland, Ore. office.

Blawg Related Categories: Insurance Law • Law Firms • Partners • 9th Circuit Court • States • Oregon • Washington

Recent Posts from Northwest Insurance Law Blog

9th Circuit Affirms Application of "Rain, Snow, Ice . . ." Exclusion To Excessive Ice Formation In Cold Storage Facility.
In Terminal Freezers, Inc. v. US Fire Insurance (.pdf), the 9th Circuit affirmed summary judgment against a cold storage terminal operator on a first party coverage claim arising from excessive ice in a malfunctioning freezer.…
Federal District Court Enforces Suit Limitation Periods Despite Ongoing Settlement Discussions
In two recent but unrelated decisions, the United States District Court for the Western District of Washington granted insurers' motions for summary judgment to enforce policy provisions limiting the time by which an insured may…
Recent Lessons From The New Selective Tender Rule
It as been about a year since the Washington Supreme Court adopted the selective tender rule in Mut. of Enumclaw Ins. Co. v. USF Ins. Co., 162 Wn.2d 1019 (2008) (.pdf). In that time, there…
Other Similar Coverage Claims Held Discoverable Because of Potential Relevance to Policy Interpretation
In Polygon Northwest, LLC v. Steadfast Insurance Co., 2009 WL 1437565 (W.D.Wash. May 22, 2009) (.pdf), Judge Robert Lasnik of the United States District Court for the Western District of Washington granted in part an…
Insurer Failing To Promptly Accept Tender Commits Bad Faith
The Washington Court of Appeals recently issued one of its most comprehensive analyses of the rights and obligations arising out of an insurer’s decision to defend under reservation of rights. Ledcor Industries served as the…
No Coverage For Known Construction Defects Ignored By Developer
Far Northwest Dev. Co., LLC v. Cmty. Ass’n of Underwriters of Am., Inc. et al., 2009 WL 1099158 (W.D. Wash. April 22, 2009) Faramarz Ghoddoussi, the sole member of Far Northwest Development, LLC (“LLC”) which…
Washington's Consumer Protection Act Applies to Insurers' Subrogation Collection Activities
Panag v. Farmers Ins. Co. of Wash., et al., 204 P.3d 885 (April 2, 2009) In consolidated appeals, the Washington Supreme Court evaluated the activities of a collection agency in its pursuit of subrogation claims.…
9th Circuit Addresses "Gap in Coverage" Issues Created by Liability Insurer Insolvency
Insurer insolvency can have significant impacts for an insured even where a particular claim or loss triggers policies issued by multiple insurers. This point is illustrated by the 9th Circuit's decision earlier this month in…
Another Chapter In the Ongoing Debate Over Coverage For Continuing and Ongoing Damage
Property damage often results from a continuous and ongoing process occurring an extended period of time rather than from a discrete event such as a windstorm or earthquake. Where damage is continuous and ongoing, there…
Washington Court of Appeals Rules That Insurer's Claims Policies and Procedures Are Not Trade Secrets
Plaintiff McCallum sued Allstate Insurance Company, alleging bad faith and violation of the Washington Consumer Protection Act (“CPA”). Plaintiff theorized that Allstate maintained a national policy to drag out the claims process, making it unnecessarily…