01.26.2018

Insureds Failed to State a Claim for the Wrongful Withholding of Money or Property from Vulnerable Persons

In Bates v. Bankers Life and Cas. Co., 362 Or 337 (2018), the Oregon Supreme Court addressed the certified question involving ORS 124.110(1)(b), which addresses financial abuse of vulnerable persons.  The certified question was:  “Does a plaintiff state a claim under Oregon Revised Statutes 124.110(1)(b) for wrongful withholding of money or property where it is [...]

12.14.2017

Ninth Circuit Holds that Municipal Risk Pool Does Not Owe Duties Under Washington Insurance Law

In Alex Jones et al. v. St. Paul Fire & Marine Ins. Co., et al., Nos 15-35856 & 16-35160, 2017 WL 6333768 (9th Cir. Dec. 12, 2017) (unpublished), the Ninth Circuit Court of Appeals held that claims against a Washington municipal risk pool, WRCIP, for breach of contractual and extra-contractual duties had no merit.  Among [...]

12.12.2017

Insurer’s Duty to Defend Its Additional Insured Limited to Claims Relating to the Named Insured’s Work

In Security National Ins. Co. v. Sunset Presbyterian Church, 289 Or App 193 (2017), the named insured was a subcontractor that performed masonry work on the project in question.  The general contractor was an additional insured on the subcontractor’s insurance policy based on a provision in the subcontract with this requirement.  The Oregon Court of [...]

09.22.2017

United States District Court for the Eastern District Washington Applies Xia v. ProBuilders Specialty Insurance Company RRG

In the matter of The Dolsen Companies, et al. v. Bedivere Insurance Company, et al., Case No. 1:16-CV-3141-TOR, 2017 WL 3996440 (E.D.Wash. September 11, 2017) (ECF 70), the United States District Court for the Eastern District of Washington addressed the application of an absolute pollution exclusion to claims for defense and indemnity of a lawsuit [...]

Washington Supreme Court: Lawyers May Represent Insurers and Their Insureds

On September 14, 2017, the Washington Supreme Court held in Arden v. Forsberg & Umlauf, P.S., No. 93207-7, that lawyers who represent insurance companies in coverage disputes may also defend their insureds provided they adhere to the Rules of Professional Conduct. In the underlying matter, Hartford retained Forsberg & Umlauf P.S. (“Forsberg”) to defend Hartford’s [...]

09.08.2017

Soha & Lang, P.S. Attorney to Speak at CPCU Society 2017 Annual Meeting in Orlando

Soha & Lang, P.S. Shareholder Paul Rosner is one of more than 50 speakers who will be participating in the 2017 CPCU Annual Meeting in Orlando this month. On Sunday September 17th, Paul, Ulises Castellon of Fire Cause Analysis, and Denise Brown of InterWest Insource Services will be presenting “Bad Faith Nightmares: Recent Trends and [...]

07.27.2017

Washington Supreme Court Holds that the Lystedt Law Provides a Cause of Action

In Swank, et al. v. Valley Christian School et al., ___ Wn.2d ___, ___ P.3d ___ (July 6, 2017), the Washington Supreme Court held that the Lystedt law (RCW 28A.600.190) creates an implied cause of action. The 2009 Lystedt law requires that 1) schools develop a concussion and head injury information sheet; 2) youth athletes [...]

07.26.2017

Washington Supreme Court Holds that Fault for Negligence Cannot be Apportioned to a Parent of the Plaintiff Under RCW 4.22.070

In Smelser v. Paul, et al, ___ Wn.2d ___, ___ P.3d ___ (July 6, 2017), the Washington Supreme Court found that, under the parental immunity doctrine, parents owe no duty of care to their children, and on that basis, fault for negligence cannot be apportioned to a parent of the plaintiff under RCW 4.22.070. Derrick [...]

07.10.2017

Washington Supreme Court Extends Olympic Steamship to Sureties in Public Works Contract

In King County v. Vinci Constr. Grands Projects, et al.,  __Wn.2d __, __ P.3d __ (July 6, 2017), the Washington Supreme Court was asked to review an award of nearly $15 million in attorney fees against five surety companies following a jury trial for breach of contract in a public works project.  In a six [...]

05.11.2017

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 [...]