Articles in Insurance

THE SUPREME COURT OF WASHINGTON (FINALLY) SPEAKS ON THE INSURANCE FAIR CONDUCT ACT

Date: April 24th, 2017
Categories: Insurance

In February the Supreme Court of Washington handed down its first major decision on the Insurance Fair Conduct Act (“IFCA”): Perez-Crisantos v. State Farm. The Court’s narrow ruling—that IFCA claims cannot be based on technical violations of non-substantive sections of the Washington Administrative Code—is a … Read More »

WHAT DOES “COLLAPSE” REALLY MEAN?

Date: June 18th, 2015
Categories: Insurance, Litigation

Property insurance policies often include coverage for “collapse.” For many years, insurers have fought to limit collapse coverage to the rare occasions where a structure actually falls to the ground, while homeowners and condominium associations want coverage when they discover a building is structurally impaired … Read More »

ARE YOUR CONTRACTS AND INSURANCE POLICIES PROTECTING YOU FROM COLLABORATION RISK?

Date: May 5th, 2015
Categories: Contracts, Insurance

Construction is a collaborative process. Always has been, always will be. Despite this reality, market forces have historically prevailed in developing construction contracts to compartmentalize the owner’s relationships with the builder and the designer, keeping designer and builder separate from one another despite the need … Read More »

RETHINKING BUILDER’S RISK INSURANCE: A CONTRACTOR’S PERSPECTIVE

Date: January 27th, 2015
Categories: Contracts, Insurance

The AIA contract is the benchmark of construction contracts throughout the country. As many contractors know, by default under the AIA contract it is the Owner rather than the Contractor who is responsible for purchasing builder’s risk insurance. But is that the way it should … Read More »

SO YOU THOUGHT YOU WERE COVERED: THE EFFECT OF I-502 ON INSURANCE IN WASHINGTON

Date: January 15th, 2015
Categories: Insurance

When you think of the legalizing of marijuana and Initiative 502, do you think of insurance?  Probably not, but maybe you should.  Here’s the issue:  While marijuana might be legal under the laws of Washington, it is indisputably illegal under federal law.  So what does … Read More »

WASHINGTON SUPREME COURT AFFIRMS BROAD RIGHT TO INSURER-PAID DEFENSE UNDER LIABILITY INSURANCE POLICIES

Date: July 15th, 2014
Categories: Insurance

Recently the Washington supreme court unanimously decided a case that brings good news to Washington contractors and others who purchase liability insurance. The case involves the Bellevue-based travel website Expedia, which is in the middle of a dispute against its liability insurers. Expedia negotiates discounted … Read More »

INSURANCE COVERAGE: BE CAREFUL WHAT YOU ASK FOR

Date: May 28th, 2014
Categories: Contracts, Insurance

Contractors and owners alike want additional insured coverage that fully covers them against damage caused by downstream contractors. However, as demonstrated by the recent Washington Court of Appeals decision Lewark v. Davis Door Service, Inc., careless contract language will often result in additional insured coverage … Read More »

AGC SUPPORTS EMPLOYER IMMUNITY FROM SUIT IN SUPREME COURT

Date: March 4th, 2014

A pending lawsuit against The Boeing Company threatens to impose new liability on Washington contractors whose employees have been exposed to toxic or harmful substances on a jobsite. The case involves employer liability for asbestos exposure 28 years ago, but the outcome of the case … Read More »

CONTRACTORS’ INSURANCE RIGHTS WINS ROUND IN COURT

Date: August 14th, 2013

The AGC of Washington recently gave amicus support in successfully persuading the state’s highest court to grant special review of a case that could be important to construction contractors’ insurance rights. The case involves the circumstances in which an insurance company must defend its insured. … Read More »

SUPREME COURT BROADLY ENFORCES LIABILITY INSURERS’ DUTY TO DEFEND POLICYHOLDERS

Date: March 20th, 2013

For the second time in as many months the Washington Supreme Court has decided an important insurance case, and has once again come down on the side of the insureds, ruling against the position taken by the insurance industry. The new case declares that insurance … Read More »