Oregon Court of Appeals holds that a Multi-Unit New Residential Construction Exclusion Does Not Apply

In Hunters Ridge Condo. Ass’n v. Sherwood Crossing, LLC, 285 Or App 416 (2017), the insured was a subcontractor on a condominium project.  The insured was sued in a construction defect lawsuit.  The insured failed to appear, and a default judgment was entered against it.  Based on the default judgment, the condominium association (“Association”) filed [...]


Washington Supreme Court Rules Efficient Proximate Cause Rule Applies To Third Party Liability Policies

In another example of bad facts make bad law, the Washington Supreme Court, in a six to three decision, ruled that the “efficient proximate cause rule” applies to the interpretation of general liability policies.  See Xia v. ProBuilders Specialty Insurance Company RRG, __Wn.2d __, __ P.3d __ (April 27, 2017).  Turning insurance contract construction on [...]


Insured May Obtain Statutory Attorney Fees Where She Recovered Amount Not Memorialized In a Judgment

The Oregon Supreme Court held in Long v. Farmers Ins. Co. of Oregon, 360 Or 791, – P3d — (2017) that an insured may obtain statutory attorney fees without entry of a judgment.  A statute, ORS 742.061, permits an award of attorney fees if, in the insured’s lawsuit against the insurer, the insured obtains a [...]


Washington’s Insurance Fair Conduct Act Does Not Create an Independent Cause of Action for Violations of Washington Administrative Code Regulations

The Washington Supreme Court held today that violation of Washington Administrative Code (“WAC”) regulations alone does not support a cause of action under the Insurance Fair Conduct Act (“IFCA”) in Perez-Crisantos v. State Farm Fire and Casualty Co., No. 92267-5, with eight justices joining the lead opinion. The Court’s findings included the following: IFCA does [...]


Soha & Lang, P.S. Shareholder Selected to Chair CPCU CLEW Interest Group

Soha & Lang, P.S. Shareholder Paul Rosner, J.D., CPCU has been selected to Chair the Coverage, Litigators, Educators & Witnesses Interest Group (the “CLEW IG”) of the Institutes CPCU Society for a three year term beginning on January 1, 2017. The CLEW IG was founded in the 1990s as a home and resource for a [...]


Washington Court of Appeals Sides with Insurer – No Presumption of Harm in Stipulated Settlement

In Mutual of Enumclaw Ins. Co.  v. Myong Suk Day; Division I, No. 75633-8-I, the  Washington Court of Appeals held that the insured suffered no harm where  the plaintiff  had  fully and unconditionally released its claims against the insured, reversing the trial court’s imposition of coverage by estoppel. Usually, when an insured enters a stipulated [...]


Oregon Supreme Court Declines to Address Whether Extrinsic Evidence May Be Used To Determine Additional Insured Status, Finding That Allegations In Complaint Were Sufficient to Make this Determination

On December 8, 2016, the Oregon Supreme Court upheld the determination of the Court of Appeals holding that plaintiff/respondent West Hills Development Company (“West Hills”) was an insured under a policy of insurance issued by Oregon Automobile Insurance Company (“OAIC”) and was entitled to a defense, but did so on alternative grounds. The Oregon Supreme [...]


Oregon Court of Appeals Upholds Application of Anti-Assignment Clause Where Assigned Claim Arises from Insurer’s Refusal to Defend or Indemnify

On November 30, 2016, the Oregon Court of Appeals upheld the application of an anti-assignment clause in an insurance policy where the assignment arose from the insurer’s refusal to defend or indemnify rather than from a judgment against the insured.  In doing so, the Court of Appeals addressed the effect of ORS 31.825 on the [...]


Washington Supreme Court Limits Wrongful Death Actions in Deggs

On October 6, 2016, the Washington Supreme Court issued an important 5-4 decision holding that a wrongful death action is extinguished if the statute of limitations has run on the decedent’s own cause of action by the time of his death.  Deggs v. Asbestos Corp., et al., Wash. Sup. Ct. No. 91969-1 (October 6, 2016).  [...]


Another Soha & Lang, P.S. Attorney Moves Forward in the CPCU Journey

On September 13, 2016, Soha & Lang, P.S. attorney Jennifer Dinning took and passed her first CPCU exam, CPCU 500 Foundations of Risk Management and Insurance.  Jennifer is one of three Soha & Lang, P.S. attorneys on the path to obtaining the CPCU designation.  In addition, one of our shareholders, Paul Rosner, J.D., CPCU, is [...]