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SEATTLE

Jodi McDougall
Office Managing Partner
(206) 373-7233

Martha Painter
Office Manager
(206) 340-1000

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SEATTLE

1201 Third Avenue
Suite 5200
Seattle, Washington 98101
United States

Phone: (206) 340-1000

(800) 423-1950

Fax: (206) 621-8783

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		Food Contamination Claims, For The Defense (5/1/2007). Bozeat, J., Jones, T.

		Insight: Fair Conduct Laws Are Anything But, BEST'S REVIEW"Be fair to one another." It’s one of the simplest rules of any relationship. Yet ongoing legislative attempts to require fairness in the insurer-insured relationship involve unilateral requirements for insurers that are inapplicable to policyholders. Case in point: Washington State’s recent voter-approved Referendum 67.It ratifies the state’s Insurance Fair Conduct Act, which provides a new statutory basis for a wide range of so-called "insured bad faith" claims. (2/1/2008). Handler, M.

		Formulating a Records Retention Policy, For The DefenseThe cost of defending a lawsuit often increases due to the existence of old records--that is, records that need not exist if they had been properly destroyed under a formal records retention policy. (1/1/2008). Jones, T.

		Washington State Voters Approve New “Bad Faith” Act, Insurance Coverage AlertOn November 6, 2007, the voters of Washington State approved a new statutory basis for a wide range of so-called “insurer bad faith” claims. Under the “insurance fair conduct act” (“Act”), “penalties” may be imposed against insurers that are found to have “acted unreasonably” or that are found to have violated any one of at least 37 existing Washington Administrative Code rules adopted by (11/9/2007). Handler, M., Jones, T.

		Washington State Passes New Bad Faith Law With Penalties, Requiring 20-Day Notice Before Litigation, Insurance Coverage Alert - 5/21/2007Effective July 21, 2007, Washington State’s new “insurance fair conduct act” (“Act”) will expand the range of private claimants’ remedies against an insurer for a proven “bad faith” denial of coverage. Statutory penalties, including un-capped treble damages, are made available under the Act for (1) an insurer’s unreasonable denial of a claim for coverage or payment of benefits (5/21/2007). Handler, M.

		Faulty Workmanship Exclusion Bars Coverage for Damage Caused by Workmanship, Insurance Coverage Alert - 06/25/07On April 16, 2007, Washington Appellate Court Judge Ronald Cox issued an opinion in the City of Oak Harbor v. St. Paul Mercury Insurance Co., Case No.: 57959-2-I (Wash. Ct. App. April 16, 2007) (6/25/2007). Boyer, H., Braun, T.

		Environmental Coverage and Cost Recovery:12 Significant Cases of 2004, Insurance Coverage Alert! (2/11/2005). Boyer, H., Jones, T.

		Summer 2005, Insurance Coverage Observer (7/1/2005). Boyer, H.

		Voters’ Referendum Will Either Delay or Reject Washington’s Insurance Fair Conduct Act, Insurance Coverage Alert (8/28/2007). Handler, M.

		Oregon Federal Judge Rules that Cost of Preventing Future Contamination not a Covered Indemnity Cost, Insurance Coverage Alert!An Oregon Federal Judge has adopted the Findings and Recommendations of an Oregon Magistrate Judge and granted partial summary judgment ordering that an insured is precluded from recovering as indemnity costs, $6.8 million in claimed costs for an effluent pretreatment system to prevent future contamination from its operations of a municipal sewer system. (10/9/2007). Jones, T., Tuffley, D.

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