Best Practices in PIP Reimbursement and Uninsured/Underinsured Motorist Subrogation Claims — Washington
Suzanne Pierce What is Subrogation? Subrogation reflects apportionment of fault for an automobile accident, allowing an insurer of a fault-free party to recover from the insurer of the at-fault party, while also promoting full compensation of the injured claimant. The logistics can be complex: Initially, the claimant’s own…
Oregon Court of Appeals Awards Attorney Fees in Additional Insured Coverage Action
Shayna Eagle We continue to follow the West Hills Dev. Co. v. Chartis Claims, Inc. case. In February, Chris Parker told you about the Oregon Supreme Court’s holding earlier this year reaffirming insurers’ broad duty to defend an alleged additional insured based on vague allegations in the complaint.
Unreasonable Denial of Coverage or Benefits Required for IFCA Acceptance
William Earle Keith M. Liguori All agree that Washington’s Insurance Fair Conduct Act (“IFCA”) mandates that a court to grant attorney fees and allows the court to award triple damages if an insurer acts unreasonably in denying a claim for coverage or payment of benefits.
Oregon Supreme Court Reaffirms Broad Duty to Defend
Chris Parker The Oregon Supreme Court released its opinion in West Hills Dev. Co. v. Chartis Claims, Inc., 360 Or 650 (2016). As reported in our May 2, 2016 blog post, this is an insurance coverage case in which the Court of Appeals recognized a broad duty to…