The Northwest Policyholder
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Oregon Bad Faith Insurance Claims Gain Traction Thanks to New Ruling from Court of Appeals
For many years, conventional wisdom among Oregon lawyers has been that “bad faith” damages are not generally available for an insurer’s breach of its duties to the insured, other than where an insurer has agreed to defend under a liability policy. So...
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Third Circuit Finds That Allegation of False Comparative Advertising Triggers Duty To Defend
Jan 07, 2022
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Most commercial liability policies provide what is known as “personal and advertising injury” coverage, which usually provides coverage for claims that an insured’s advertising defamed or disparaged another person’s or organization’s goods or service...
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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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