Betts Patterson Mines

Author Archive

October 20, 2014

Memo No. 1 to OIC and Legislature: Fix the Olympic Steamship Attorney’s Fee Rule by Requiring Factual Justification for the Award

This is the first in what I anticipate will be a series of blog entries asking the Washington Office of the Insurance Commissioner to propose, and the Washington Legislature to adopt, some changes to Washington more about this article »

October 6, 2014

No Coverage for Hannibal Lecter, Federal Judge Says: Expansion of the Scope of a Homeowners’ Policy’s “Intentional Loss” Exclusion to the Duty to Defend

This installment of the Insurance Commando Blog discusses a case related to its July 14, 2014 blog entry, in which we discussed the “intentional loss” exclusion in a first-party homeowners’ policy. IDS Prop. and Cas. more about this article »

September 22, 2014

Drafting Reservation of Rights Letters in Northwestern and Mountain States

The lawyers of the Insurance Commando Blog are frequently asked to write, or help write, reservation of rights letters. Recently, a federal judge in Missouri listed 10 requirements for reservation of rights letters. Western Ins. more about this article »

August 25, 2014

Res Judicata as a Defense to UIM Bad Faith Claims

Here at the Insurance Commando Blog, we recently received a favorable ruling from Judge Robart holding that extracontractual UIM claims are barred by the doctrine of res judicata when those claims are threatened, but not more about this article »

July 28, 2014

The Washington Supreme Court’s Expedia Decision Is More Bad News on the Duty to Defend and Extrinsic Evidence Rule

In our inaugural April 11, 2014 blog entry, “The Elephant in the Room,” we expressed hope that Washington’s Supreme Court would adopt a more reasonable duty to defend rule.  Most states allow insurers to rely more about this article »

July 14, 2014

A More Practical Approach: Cracking Open the Door on the Applicability of a First-Party Property Policy’s “Intentional Loss” Exclusion

Here at the Insurance Commando Blog we appreciate creative ways to argue a policy exclusion.  We especially appreciate it when a judge adopts such arguments in upholding the application of an exclusion.  Recently, Judge Ronald more about this article »

June 30, 2014

The Second Person in a Two Person Contract Can’t be a Third Person Under the “Insured Contract” Exception

Washington’s Supreme Court is correctly regarded as one of the worst forums for property and casualty insurers.  But late this past year, insurers received a glimmer of hope in a case with novel facts.  Even more about this article »

June 16, 2014

The Duty to Defend Is Not Always Broader than the Duty to Indemnify

Courts frequently observe that a liability insurer’s “duty to defend is separate from, and substantially broader than, its duty to indemnify.”  If a policy’s indemnity language is broader than its defense language, this common observation more about this article »

June 2, 2014

IFCA Legislative History Revisited

Our readers may recall that Washington voters approved the Insurance Fair Conduct Act (“IFCA”) several years ago.  This statute awards extra-contractual damages to insureds who prove an insurer unreasonably denied coverage or payment of benefits.  more about this article »

May 19, 2014

Who’s the Boss? Broader Applications of the Employer Liability Exclusion

While “Who’s the Boss” may conjure up images of Tony Danza, a retired baseball player turned housekeeper, the latest edition of the Insurance Commando Blog addresses some courts’ broader construction of standard employer liability exclusion more about this article »