Risk Pool Had Authority to Assess Former Member for Capitalization Assessment

On October 17, 2018, the Oregon Court of Appeals held that a risk pool had the authority for its assessment of a former member.  In Capital Credit & Collection Serv., Inc. v. Kerr Contractors, Inc., 294 Or App 486 (2018), a workers’ compensation risk pool assessed current and former members in response to the state [...]

Washington Court of Appeals Affirms $1.2 Million Attorney Fee Award

In Baker v. Fireman’s Fund Insurance Company, et al., Case No. 76218-4-I (October 15, 2018), the Court of Appeals of the State of Washington held that the trial court acted well within its discretion in determining the insureds’ reasonable attorney fees in the amount of $1,209,757.25, through the use of the lodestar method and a [...]


Ongoing Operations Exclusion j.(5) Bars Coverage

In two related cases, Unigard Ins. Co. v. Metro Metals Nw., Inc., 17-CV-05743-RBL (W.D. Wash. Oct. 11, 2018) and Alaska Nat’l Ins. Co. v. Metro Metals Nw., Inc., 1:17-CV-05765-RBL (W.D. Wash. Oct. 11, 2018), the federal district court held that the insurance companies’ policies did not provide coverage for the underlying claims against their mutual [...]


United States District Court for the Western District Washington Imputes Material Misrepresentations of “Public Adjuster” to Insured, Declares Policy Void

In Reverse Now VII, LLC v. Oregon Mutual Insurance Company, Case No. C16-209-MJP, 2018 WL 4510071 (W.D Wash. Sep. 18, 2018), the federal district court found that the insurance policy at issue was void as a matter of law due to material misrepresentation and concealment by the insured and its purported public adjuster. The insurance [...]


Sufficient Evidence Existed of Requisite Antecedent Agreement for Purpose of Insured’s Reformation Claim

In Emrys v. Farmers Ins. Co., 294 Or App 107, __ P3d ___ (Sept. 12, 2018), the insured owned two adjacent properties, with addresses at 106 Cofey Crossing Lane (“106 Property”) and 108 Cofey Crossing Lane (“108 Property”), insured under two separate policies.  The insured let the policy for the 106 Property lapse.  After the [...]


Washington Supreme Court Rules Joint And Several Liability Is Preserved When A Defendant Is Vicariously Liable

In a 5-4 split decision, the Washington Supreme Court held in Afoa v. Port of Seattle, No. 94525-0 (July 19, 2018) that RCW 4.22.070.(1)(a) preserves joint and several liability when a defendant is vicariously liable for another’s fault, but whether vicarious liability exists is a factual question. The Plaintiff, Brandon Apela Afoa, commenced this action [...]


Washington Court Rules that Insurers Cannot Use “Maximum Medical Improvement” to Limit PIP Coverage

In an unanimous decision, the Washington Supreme Court held in Durant v. State Farm Mutual Automobile Insurance Company, No. 94771-6 (June 7, 2018), that Washington regulations require automobile policies containing personal injury protection (“PIP”) coverage to pay for all medical and hospital services related to an accident that are reasonable, necessary, and incurred within three [...]


Paul Rosner to Speak on Insurance Bad Faith at PSAA Spring Symposium on April 6th

Soha & Lang, P.S. Shareholder Paul Rosner will be speaking about insurance bad faith as part of a panel on reputational management at the Puget Sound Adjuster Association’s Spring Symposium on April 6th in Seattle.    For more information, go to the PSAA website or click on the link below.   https://drive.google.com/file/d/1PbDj39us_TK3X41mJxW6aklXt1VQtqNL/view


Washington Court of Appeals Holds That An Individual Insurance Adjuster May Be Liable for Bad Faith and Violation of the Washington Consumer Protection Act

In Keodalah v. Allstate Insurance Company, No. 75731-8-1 (Mar. 26, 2018), the Washington Court of Appeals held that an insurance adjuster that handles claims may be held individually liable for bad faith and violation of the CPA.  The case involved allegations of bad faith and CPA against an Allstate insurance adjuster in an automobile claim. [...]


Service on Foreign Insurer Must be Through the Insurance Commissioner, and Only the Insurance Commissioner

In Ohio Security Ins. Co. v. Axis Ins. Co., No. 94677-9, the Washington Supreme Court, on a certified question from the United States District Court for the Western District of Washington, confirms that Washington law establishes that service through the Washington State Insurance Commissioner is the exclusive means of service for authorized foreign insures in [...]