1-206-467-5444 info@letherlaw.com

Standing Together for Maui: Lether Law Group’s Commitment to Wildfire Relief

by | Aug 16, 2023 | News & Updates

 Aloha Friends, Families, and Clients,

 As a native of Maui and a resident of Lahaina, witnessing the devastation caused by the recent wildfires has deeply affected me, the landscapes now scarred by the flames are the places I grew up in and the home that I now share with my own Family. When the land you’ve grown up on faces such adversity, it’s not just news – it’s personal.

 Growing up on Maui, I was surrounded by a community that lived and breathed the values of unity, resilience, and the Aloha spirit. Today, more than ever, these values guide our response to the challenges faced by our beloved Homeland.

 I am proud to say that several Attorneys at Lether Law Group are from the State of Hawaii. For them, and for me, this initiative is more than just a fundraiser; this is a heartfelt effort to give back to the communities and lands that have given us so much.

About the Maui Strong Fund

The Maui Strong Fund, an initiative spearheaded by the Hawaii Community Foundation, has been established to provide rapid resources in times of disaster preparedness, response, and recovery. As Maui faces the brunt of devastating wildfires, this fund is currently channeling its efforts to support the affected communities and the recovery of the Island’s cherished landscapes. The Hawaii Community Foundation, through the Maui Strong Fund, collaborates closely with state and county leaders, nonprofit organizations, businesses, and philanthropists to ensure immediate and effective response to emerging needs.

 Our Commitment

 Given my deep-rooted connection and the ties of our attorneys to Hawaii, we felt the call to action. As the founder of Lether Law Group, I pledge to match every donation you generously offer, dollar for dollar, up to $5,000. This initiative ensures that your support has double the impact, fortifying our collective efforts for the Maui Strong Fund. Based upon my national and international business relationships within the insurance industry, we are confident that we can obtain significant contributions.

 Beyond our donation initiative, myself, our Hawaii licensed Attorneys, and our Lahaina office are providing Pro Bono (free advice) to residents seeking assistance from FEMA, government agencies, and property and auto insurers. During my 35 years of practicing law, I have handled several significant wildfire claims and hundreds of other fire losses. I am approved as a FEMA Regional Counsel and regularly represent national and international insurers in natural disaster claims. 

Lether Law Group combines the financial commitment of Lether Law Group with our extensive expertise in disaster claims and legal counsel. This makes us able to provide comprehensive support. Through both direct monetary aid and Pro Bono services, our collective endeavors ensure that those affected in Maui receive timely, effective, and compassionate relief in their moment of need.

Your Role 

Each donation, no matter its size, can pave the way for monumental change. By contributing, you’ll be directly aiding disaster relief, supporting families as they rebuild, and playing a part in restoring the captivating allure of Maui and its surrounding islands.

I urge you to share this fundraiser with your acquaintances and loved ones, for in unity lies our strength. Together, we can reinforce the unyielding spirit of Maui and contribute to its rejuvenation.

Every penny raised will be wholeheartedly donated to the Hawaii Community Foundation’s ‘Maui Strong Fund’. 

With utmost gratitude and on behalf of everyone at Lether Law Group, I thank you for your magnanimity, compassion, and shared devotion to Hawaii’s splendor.

Mahalo nui loa (Thank you very much), 

 For further information about the endeavors of the Hawaii Community Foundation’s “Maui Strong Fund,” please visit their official website:

https://www.hawaiicommunityfoundation.org/maui-strong

WASHINGTON COURT OF APPEALS WITHDRAWS OPINION ADDRESSING THE INSURANCE FAIR CONDUCT ACT IN THE CONTEXT OF UM/UIM INSURANCE

by | Sep 15, 2022 | Appellate Practice, Decisions, Events, Insurance Law, News & Updates

 As noted in a previous newsletter, Division Two of the Washington State Court of Appeals issued an opinion on April 19, 2022 in Beasley v. Geico General Insurance Company and Aaron Yaws, No. 54997-2-II, which addressed the meaning of the term “actual damages” under the Washington Insurance Fair Conduct Act (IFCA), RCW 48.30.015 and holding that the term “actual damages” includes noneconomic damages. Beasley v. Geico General Insurance Company and Aaron Yaws, No. 54997-2-II.  The unpublished part of the opinion also addressed the issue of tendering “undisputed” amounts in the context of UM/UIM claims, which had not been addressed in prior case law in Washington.

 Last week, The Court of Appeals withdrew the Beasley opinion in response to a Motion for Reconsideration filed by GEICO. The Order granted the Motion for Reconsideration in part, withdrew the earlier opinion, and advised that a revised opinion would be filed.  To date, the revised opinion has not yet been issued. As a result, there is no information regarding which portion of the prior opinion has been reconsidered. Nevertheless, and as a result of the withdrawal, the earlier Beasley opinion is no longer good law and should be disregarded by insureds and insurers alike. 

Lether Law Group currently represents multiple insurers in coverage litigation in state and federal courts in Washington involving claims under IFCA. If you have questions about the implications of Beasley or general questions in regard to pending insurance claims and compliance with Washington insurance law, please feel free to contact our office.

 

Thomas Lether

Thomas Lether

Founder and Managing Shareholder.

Thomas Lether is a graduate of the University of Puget Sound and the University of Puget Sound Law School. He has been involved in insurance and commercial litigation since 1988. Mr. Lether’s primary clients include numerous National and International insurance companies, several smaller insurers and independent adjusting firms. He also represents a number of contractors, property owners, and business owners. His practice predominantly involves the representation of insurance companies and individuals in the investigation, adjustment and defense of complex coverage matters.

 

THE WASHINGTON STATE SUPREME COURT OVERRIDES A LIABILITY POLICY ON PUBLIC INTEREST GROUNDS

by | Aug 22, 2022 | Insurance Law, News & Updates

In a recent decision, the Washington State Supreme Court certified a question from the Western District of Washington in Preferred Contractors Insurance Company, Risk Retention Group, LLC v. Baker and Son Construction, Inc. The Court was asked whether a contractor’s liability insurance policy violated Washington public policy.  The certified question was as follows:

When a contractor’s liability insurance policy provides only coverage for “occurrences” and resulting “claims-made and reported” that take place within the same one-year policy period, and provide no prospective or retroactive coverage, do these requirements together violate Washington public policy and render either the “occurrence” or “claims-made and reported” provisions unenforceable?

The Court answered the question in the affirmative, finding that the particular insurance policies at issue violated public policy.

 In the case at hand, the insured was a contractor renovating a hotel. There was a serious injury on the site which resulted in death. The incident occurred on October 31, 2019, during the first policy period. Notice of a potential wrongful death claim was given to the insured on September 23, 2020. The insured notified its carrier on September 25, 2020, during the second policy period.

The carrier denied coverage, at least in part because the occurrence and reporting dates did not occur during the same policy year. The policies at issue provided there was no continuous coverage between renewed policies. The policies were non-retroactive, meaning the retroactive date was set to the first day of each policy.

The Court relied upon RCW 18.27 to outline the public policy at issue.  This statute, in part, requires a contractor to either have insurance or the ability to cover $100,000 for injuries or damage.  This is a prerequisite for registration with the state,  Here, the Court found that the state had an interest in ensuring that contractors are financially responsible for losses caused by negligence, and that insurance is the primary means for ensuring this financial responsibility.  In the eyes of the Court, this interest outweighed the parties freedom to contract. Specifically, the Court stated as follows:

We are mindful that parties to insurance contracts generally should have the freedom to contract. But when the legislature orders contractors to bear financial responsibility for the injuries their negligence may cause and dictates insurance is the preferable method to comply with this mandate, we cannot enforce insurance provisions that render coverage so narrow it is illusory. …insurers should not issue policies that essentially cause contractors to default on their statutorily mandated financial responsibility.

This ruling is limited to narrow, claims made policies.  However, insurance carriers will need to be mindful if they are issuing policies with coverages that may fall short of the financial responsibility laws in a particular state.          

Lether Law Group currently represents multiple insurers in coverage litigation in state and federal courts in a number of states and has experience navigating complex issues such as the one presented here.  If you have questions about the implications of this case or general questions in regard to pending insurance claims, please feel free to contact our office.

Tom Lether

Tom Lether

Founder & Managing Shareholder

Thomas Lether is a graduate of the University of Puget Sound and the University of Puget Sound Law School. He has been involved in insurance and commercial litigation since 1988. Mr. Lether’s primary clients include numerous National and International insurance companies, several smaller insurers and independent adjusting firms. He also represents a number of contractors, property owners, and business owners. His practice predominantly involves the representation of insurance companies and individuals in the investigation, adjustment and defense of complex coverage matters.

 

Congratulations, Tom Lether!

by | Mar 7, 2014 | News & Updates

Tom Lether, along with Lether & Associates has been awarded the Washington State Dispute Resolution Award: Insurance Litigator of the Year!

 

The Dispute Resolution Awards identify the main players in what is a fiercely competitive market. With a culmination of peer reviews and in-house research they pinpoint leading individuals and firms across a range of industries. Acquisition International prides itself on the validity of its awards and its winners. They are given solely on merit and recognition of leaders in their respective fields.

Excess and Reinsurance Issues

by | Feb 28, 2014 | News & Updates

Excess and Reinsurance Issues are increasingly important topics that are prevalent in insurance litigation across the country. We have knowledge and experience dealing with these complex matters.  If you have any question or concerns please feel free the contact Lether & Associates.

Excess Insurance Issues

Lether & Associates offers a wide array of services for clients dealing with excess insurance issues.  Given the exposures involved in these claims, assessing and advising our clients impacting multiple layers of coverage is crucial.  We have significant experience in dealing with allocation disputes across layers of coverage, exhaustion issues, drop-down issues, primary insurer insolvency issues, self-insured retention issues, and the interpretation of “following form” and “other insurance” provisions.  Lether & Associates represents primary and excess insurers in coverage and contribution actions as well as in direct actions by or against insureds.  We are available to provide comprehensive representation, from consultation through litigation and appeals, on any excess insurance issue.

Reinsurance Issues

As the insurance industry continues to expand, Lether & Associates has become adept at representing clients in the reinsurance market.  Lether & Associates represents both underlying insurers and reinsurers in regard to all manner of reinsurance issues.  We represent clients in navigating the unique standards and practices applicable to the reinsurance market from the inception of claims through their conclusion.  Lether & Associates provides advice as to the operation of reinsurance agreements, the complex coverages provided by those agreements, and the rights and obligations of the parties to those agreements.  Lether & Associates also provides assistance with the drafting, negotiating, structuring, and regulatory approval of reinsurance agreements and forms.