National Insurance Law Forum

National Insurance Law Forum

Published By The Attorneys of the National Insurance Law Forum

Tag Archives: washington state

Xia v. ProBuilders Specialty

Posted in Bad Faith/Extra Contractual, Liability Coverage, Recent Cases
Insurers should be aware of the recent Washington State Supreme Court decision in Xia v. ProBuilders Specialty, No. 92436-8 ___ Wn.2d ____ (2017) handed down on April 27, 2017. The decision may have significant impacts not only in coverage litigation regarding environmental contamination, but across a broad spectrum of liability claims under CGL policies. In short, the Washington State Supreme Court… Continue Reading

Complaint Alleging Trespass But Not Physical Injury Does Not Trigger Duty To Defend

Posted in Recent Cases
  In Metropolitan Casualty Ins. Co. v. Birmingham, Case No., C09-726RAJ, 2010 U.S. Dist. LEXIS 82838 (W.D. Wash., August 13, 2010), the court found that the insurer had no duty to defend the insured because there were no allegations of property damage or personal injury. In the underlying case Birmingham requested a declaration regarding a property… Continue Reading

Washington Court of Appeals Rules on Allocation, Exhaustion and Supplementary Payments

Posted in Recent Cases
On April 7, 2008, Division I of the Washington Court of Appeals ruled in Great American Ins. Co., et al. v. Assurance Co. of America on a number of allocation, exhaustion and supplementary payment issues. The case concerned the apportionment of “financial obligations” arising out of the equitable reapportionment of financial obligations arising from the… Continue Reading

Washington Federal District Court Finds Pollution Exclusion Inapplicable to Property Held in Trust

Posted in Uncategorized
The U.S. District Court for the Western District of Washington has held that a pollution exclusion’s language was ambiguous as to its application to a bank that acted as trustee for, among other assets, a piece of property that is allegedly the source of environmental contamination. In Bank of Am. v. Travelers Indem. Co., 2008… Continue Reading

No Evidence of a “Special Relationship” Between the Insured and Agent under Washington Law

Posted in Recent Cases
The Washington Court of Appeals has affirmed a trial court’s grant of summary judgment to an insurer and a broker in a failure to procure action on the basis that the insured failed to demonstrate that he had a “special relationship” with the agent requiring the agent to make certain the insured had adequate insurance… Continue Reading

Ninth Circuit Finds Insured’s Claim for Diminution in the Sale Value of Contaminated Properties Not Covered under CGL Policy

Posted in Liability Coverage
The Ninth Circuit has ruled that an insured’s claim for the difference between the appraised value of uncontaminated properties and the sale price of the properties in an contaminated state is not recoverable under a commercial general liability policy on the basis that the claim did not constitute “property damage” or “damages” that the “insured shall… Continue Reading

Washington State Voters Approve the Insurance Fair Conduct Act

Posted in Bad Faith/Extra Contractual
The Seattle Times is reporting this morning that Referendum 67 was approved by voters by a margin of 57% to 43% in Tuesday’s election. As we have previously reported, the Referendum allows the unprecedented remedy of uncapped treble damages awarded at the discretion of the trial court for “unreasonable” denials of claims for coverage or payment of… Continue Reading

Washington State Referendum 67 Battle Heats Up

Posted in Legislation
As we previously reported, Washington State voters will decide the fate of the Insurance Fair Conduct Act (IFCA) on Election Day when Referendum 67 appears on the ballot. If passed by voters, the IFCA will allow for un-capped treble damages awarded at the discretion of the trial court, mandatory awards of reasonable attorney’s fees, actual litigation… Continue Reading

Washington State Insurance Legislation Update

Posted in Legislation
The Insurance Fair Conduct Act (IFCA) was passed by the Washington State Legislature in May 2007 after much legislative debate as to the need for the unprecedented remedy of un-capped treble damages awarded at the discretion of the trial court for a violation of the IFCA. Violations of the IFCA can result from (1) an unreasonable… Continue Reading

The Duty to Defend a Practical Joke

Posted in Uncategorized
In a decision filed on July 26, 2007, the Washington State Supreme Court, in Woo v. Fireman’s Fund Ins. Co., confirmed the expansive nature of Washington law on the duty to defend. Woo involved a practical joke that an oral surgeon, Dr. Woo, played on one of his employees, Tina Alberts. Ms. Alberts’ family raised potbellied pigs,… Continue Reading