The Northwest Policyholder
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Cannabis Coverage Alert: Oregon Court Distills the Science of Cannabis to Find Insurance for a CBD Claim
Although the 2018 Farm Bill carved out hemp from the federal Controlled Substances Act, few court rulings have addressed the legal distinction between federally-legal hemp and federally-illegal cannabis. A new opinion from the District of Oregon (Bog...
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Washington Agreements Attempting to “Buy Back” Insurance Policies after Loss Invalidated
Parties facing responsibility for long-tail events such as environmental contamination or asbestos exposure can face staggering joint-and-several liabilities. Often, old occurrence-based liability policies offer the only potential source of insurance...
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Washington Court of Appeals Makes It Easier for Policyholders to Tap Excess Coverage
A recent Washington Court of Appeals decision held that “horizontal” exhaustion of primary liability policies was unnecessary to trigger coverage by excess policies. This will make it easier for policyholders to tap excess liability insurance coverag...
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Policyholders Beware: Two CGL Endorsements Seek to Limit Your Liability Coverage (Part 2)
Aug 17, 2021
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This is Part 2 in our series analyzing newer endorsements to commercial general liability, aka “CGL,” policies, both of which may create serious roadblocks to coverage for Washington policyholders. In this post, we analyze a “defense costs” endorseme...
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Policyholders Beware: Two CGL Endorsements May Limit Your Liability Coverage (Part 1)
Jul 22, 2021
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Insurers have recently added novel endorsements to commercial general liability, or CGL, policies, both of which may impact a policyholder’s coverage. We have analyzed two that may create serious roadblocks to coverage for Washington policyholders: t...
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Foreign Arbitration Clauses in Insurance Policies: Oregon Federal Court Enforces Clause—A Cautionary Tale for Domestic Businesses
Retailers and product designers in the U.S. commonly require that product manufacturers add the retailer as an “additional insured” on the manufacturer’s liability policies. A major benefit for a retailer of being an “additional insured” is having a...
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