News & Updates
Featured Article
No Coverage for Breach of Contract Claims Involving Faulty Construction or for Resulting Delay Claims in Oregon
Although not as liberal as the Washington courts, the Oregon courts have not necessarily been kind to liability insurers in coverage disputes arising out of construction defect claims. In a recent federal court ruling, however, the court has clearly held that...
Resources, Updates & Articles
New Growth at Lether & Associates
Lether & Associates is proud to announce that Kevin Kay has joined Lether & Associates as a partner. Kevin started his civil practice with Tom Lether and Eric Neal over 15 years ago and has since worked in the Northwest and around the country as coverage and...
Join Eric Neal at NBI’s Civil Trial Seminar
Eric Neal will be presenting at the National Business Institute Seminar on November 6th at 2:45pm. "Civil Trial: Everything You Need to Know," is a two-day event on November 6th and 7th in Bellevue, Washington. The subject of this presentation will be Creatively...
Join Eric Neal for an Audio Webinar
Eric Neal will be presenting an audio webinar for the National Business Institute on October 16th. "Insurance Bad Faith 2019: Hot-Button Issues and New Case Law," will be streaming from 1:00 p.m. - 4:15 p.m. Eastern Standard Time. The subject of his presentations will...
Leather and Associates
On August 20, 2019 Lether & Associates celebrated our Firm's anniversary. We started our day with an all office Foosball tournament and breakfast served by Sam Colito. We then headed to Interbay Golf where we had a fun day of playing golf. As expected, awards and...
Defense Cost Recovery: The Federal Court Changes the Landscape in Washington
In 2013, the Washington State Supreme Court handed down the decision in National Surety Corp. v. Immunex that expanded defense cost exposure in Washington for liability insurers. Specifically, the Immunex court found that Washington liability insurers were not...
Memorial Day
To those in uniform serving and to those who have served in the past, we honor you today and every day. Lether & Associates would like to wish everyone a fun and safe Memorial Day weekend. As a reminder, the 75th Anniversary of the Normandy Invasion is June...
Upcoming Seminars Presented by Tom Lether
In the next week Tom Lether will be speaking at two events in Detroit and San Francisco. The seminars will focus on an overview of insurance coverage and extra-contractual claims in the Northwest. For more information and/or materials on these presentations please...
Join Tom Lether at West Coast Casualty’s 26th Annual Construction Defect Seminar
Tom Lether will be presenting at West Coast Casualty’s 26th Annual Construction Defect Seminar at the Disneyland Hotel in Anaheim, California. Tom will be presenting on: Friday May 10, 2019 from 9:30 AM - 10:30 AM --- in the South Ballroom. The subject of this...
Administrative Professionals’ Day
Yesterday our firm spoiled our amazing staff during Administrative Professionals Day. We celebrated the morning with lattes and breakfast treats, went out for lunch and enjoyed the beautiful day with a boat float on Lake Union. We then gave them the rest of the day to...
Spring and Geese
Spring has arrived here at Lether and Associates. Lately we have seen the signs of the new season. The sun is starting to show. The cherry blossoms are in bloom and Seattle is emerging from another winter. For our firm, however, there is no better sign of Spring than...
Washington Supreme Court Hears Oral Argument in Case That Allowed Insureds to Name Adjusters as Defendants in Bad Faith Actions
On February 26, 2019, the Washington Supreme Court heard oral arguments in Keodalah v. Allstate Ins. Co. and Tracey Smith. In this case, the Court of Appeals overturned the trial court’s dismissal of bad faith and Consumer Protection Act claims asserted directly...
Snowpocalypse
As most of you know, during the last two weeks in Seattle we all experienced an interesting and unusual winter storm. Despite the snowy and icy conditions, Lether & Associates made it through and remained open for business providing our clients with uninterrupted...
A Tale of Two Cases. The Best of Times and the Worst of Times
Within roughly a two-week period over this past holiday season, the Federal District Courts for the Western District of Washington issued two dramatically different orders in very similar coverage disputes. In Northwest Pipe Company v. Travelers Property Casualty...
Recipes For Success
Food binds people together. Food comforts and nourishes us. Food creates memories for a lifetime. We hope that our successful family recipes help create loving and lasting memories for you and your loved ones, just like they do for us. Happy Holidays From LETHER...
Our Annual Holiday Animal Food Drive
Our Annual Holiday Animal Food Drive Donate to help the animals of PAWS Make a difference this holiday season in the precious lives of sick, injured, orphaned and homeless animals. Whether it be big or small, food or toys anything helps these animals. For more...
Northwest Insurance Law:A Comprehensive ReviewOctober 25-26, 2018
Tom Lether is proud to once again be the co-chairperson for the Seminar Group's Northwest Comprehensive Insurance Law seminar. This two-day event, which Tom has chaired for the last five years, will focus on Insurance and Bad Faith issues in the Northwest. The...
Join Eric J. Neal at the National Business Institute’s Insurance Bad Faith “Set-Up” in Washington Seminar
On December 12, 2018 Eric J. Neal will be presenting at NBI’s Insurance Bad Faith “Set-Up” in Washington seminar in Seattle, Washington. Eric will specifically be addressing how to respond to a potential bad faith set-up. This is an all-day seminar with CLE credits...
Join Nicole Morrow, Kyle Silk-Eglit and the Greater Seattle Insurance Professionals for a one-hour CE credit TONIGHT!
Tonight, October 18, 2018: Please join the Greater Seattle Insurance Professionals for a one-hour CE credit presentation of: “Agent Duties in Insurance – The Current State of the Law in Washington”. Presented by attorneys: Nicole Morrow and Kyle Silk-Eglit of Lether...
Join Tom Lether at the Washington State Bar Association Ethics in Civil Litigation Seminar
On September 18, 2018 Tom Lether will be presenting at the WSBA’s Ethics in Civil Litigation Seminar in Seattle, Washington. Tom will specifically be addressing ethical issues for assigned defense counsel in “Reservation of Rights” cases in Washington. This is an...
Oregon Again Limits Defense Obligations on Additional Insured Claims
The Oregon Court of Appeals recently issued an opinion which clarifies an insurer’s defense obligations to an additional insured (“AI”) under an AI endorsement for “ongoing operations”. See Security National Ins. Co. v. Sunset Presbyterian Church, 289 Ore. App. 193...
Join Lether & Associates at West Coast Casualty’s 25th Annual Construction Defect Seminar
Lether and Associates will be presenting at West Coast Casualty’s 25th Annual Construction Defect Seminar at the Disneyland Hotel in Anaheim, California. Lether & Associates will be presenting on: Friday May 18, 2018 from 9:30 AM -10:30 AM --- in the North...
Oregon Supreme Court Unanimously Rules Against Application of Oregon’s Vulnerable Person Statute to First Party Insurance
There have been repeated unsuccessful legislative attempts over the last several years to impose statutory bad faith on first party insurance claims in Oregon. In an unanimous decision published on January 19, 2018, the Oregon Supreme Court declined to take the...
Allstate Makes Bad Case Law In Washington
There is an age-old saying that lawyers - especially appellate lawyers - commonly use. That phrase is “bad facts make bad law”. This statement was proven accurate once again in the decision of Keodalah v. Allstate Ins. Co., et al., Court of Appeals of the State...
No Duty on the Part of Insurance Agents to Recommend Automobile Liability Limits in Washington
The Washington Courts have repeatedly held that insurance agents and brokers do not have any legal duty to recommend specific policy limits to an insured absent what is commonly referred to as a “special relationship.” Washington case law on this point is one of the...
Lether & Associates Welcomes its New Employees!
Lether & Associates would like to extend a heartfelt congratulations and welcome to its new attorneys and staff. Over the past winter, Lether and Associates hired two new attorneys, Ms. Julia Norwood and Mr. Leighton Bowman. Both Julia and Leighton have joined...
Tom Lether on Mediation
Tom Lether was recently interviewed and featured in the True Neutral Newsletter in regard to his perspective on mediation. Tom was specifically asked about what makes for a successful mediation and how he sees the role of mediation in the current litigation climate. A...
Case Law Update – Washington
Several of our recent updates have involved the Washington State Supreme Court’s ruling in Zhaoyun Xia v. ProBuilders Specialty Ins. Co. RRG, 188 Wn.2d 171, 393 P.3d 748 (2017). In Xia, the Supreme Court held that a pollution exclusion did not bar coverage for...
Lether & Associates Annual Fall Insurance Review – Date Change
Due to the favorable interest in our in-house CE program scheduled for October 25, 2017 and Tom Lether’s trial calendar and case schedule, Lether & Associates is moving the seminar date to November 15, 2017. The seminar will still be held at our lakeside office on...
Lether & Associates Annual Fall Insurance Review
Since Lether & Associates was founded, our firm has made the training of our attorneys and education of our clients a priority. The firm regularly presents seminars, in-house training and regularly publishes updates on important cases on developments in the...
Insurance in the Construction Industry Law Seminar October 5-6, 2017
Tom Lether is proud to once again be the chairperson for the Seminar Group's Insurance in the Construction Industry Law seminar. This two-day event, which Tom has chaired for the last 4 years, is this year focusing particularly on insurance issues involving the...
Lether & Associates and the U.S. Supreme Court
Although U.S. Supreme Court appearances are few and far between, Tom Lether has now been officially licensed to practice in the highest court in the land. Effective the spring of 2017, Mr. Lether has been fully licensed as a practicing attorney before the United...
Advanced Insurance Bad Faith
On August 30, 2017, the National Business Institute will be presenting a full-day CLE seminar on advanced insurance bad faith in Washington and the Northwest. Speakers will include Thomas Lether and Kyle Silk-Eglit of Lether & Associates who will be speaking...
Oregon Supreme Court Expands Availability of Attorney Fee Awards under ORS 742.061
For years, Oregon’s primary legislative device for compelling prompt settlement of insurance claims has been the availability of an attorney fee award for insureds who recover more than the amount tendered by an insurer within six months of the proof of loss in a...
Join Tom Lether at West Coast Casualty’s 24th Annual Construction Defect Seminar
Tom Lether will be speaking on two different panels at West Coast Casualty’s 24th Annual Construction Defect Seminar at the Disneyland Hotel in Anaheim, California. He will be speaking on the following dates and times: Wednesday May 17, 2017 from 8:30-12:00pm --- in...
New Oregon Decision Will Affect Insurers in Many Ways
The Court of Appeals of the State of Oregon issued a decision on May 10, 2017 in the matter titled Hunters Ridge Condominium Assoc. v. Sherwood Cross, LLC, et al. that could potentially impact future Construction Defect cases in Oregon. The Hunters Ridge appeal arose...
Washington Caselaw Update
On Thursday, April 27, 2017, the Washington Supreme Court issued a new decision that may have a significant impact on the business of insurance in the State of Washington. The new decision, Xia v. Probuilders Specialty Ins. Co., is the first Washington appellate...
Washington Caselaw Update
On Thursday, April 27, 2017, the Washington Supreme Court issued a new decision that may have a significant impact on the business of insurance in the State of Washington. The new decision, Xia v. Probuilders Specialty Ins. Co., is the first Washington appellate...
Case Law Update – Washington
A reasonable denial of coverage. Based on the weight of legal authority, insurers might wonder if such a thing even exists in Washington. A new decision from the Western District of Washington demonstrates that insurers will not always find themselves in peril after...
Oregon Supreme Court Expands Availability of Attorney Fee Awards under ORS 742.061
Oregon Supreme Court Expands Availability of Attorney Fee Awards under ORS 742.061 For years, Oregon’s primary legislative device for compelling prompt settlement of insurance claims has been the availability of an attorney fee award for insureds who recover more than...
Xia v. ProBuilders – Motion for Reconsideration Denied
On August 17, 2017, the Washington State Supreme Court denied a Motion for Reconsideration of its April 27, 2017 decision in Xia v. ProBuilders Specialty Ins. Co., 188 Wn.2d 171, 393 P.3d 748, 2017 Wash. LEXIS 443, 2017 WL 1532219 (Wash. Apr. 27, 2017) As we reported...
Washington Supreme Court Addresses the Insurance Fair Conduct Act
Washington Supreme Court Addresses the Insurance Fair Conduct Act Perez-Crisantos v. State Farm et al., Wash. Sup. Ct., No. 92267-5, (February 2, 2017), is perhaps the most favorable ruling for insurers from the Washington Supreme Court in the past several years. The...
Crowthers v. Travelers: The Federal Court Gets It Right Again on IFCA
Crowthers v. Travelers: The Federal Court Gets It Right Again on IFCA The Washington State Insurance Fair Conduct Act, commonly referred to as “IFCA”, continues to cause significant concern among insurers conducting business in the State of Washington. The lack of any...
Construction in Seattle – An All Time High
As most insurers and lawyers in the Northwest know, construction in the Northwest region of the United States is at a record level. What many people do not understand, however, is just how dramatic this increase is. If you are not from the Northwest, you may not...
Fraudulent Water Damage Claims “Arson In The 21st Century”
Since 1988, Tom Lether has represented national and local insurers in first-party arson claims. Utilizing examinations under oath, requests for information, forensic experts, and other investigatory tools, Lether & Associates has been involved in some of the...
Recent Oregon Supreme Court Decision
Yesterday, the Oregon Supreme Court issued a decision clarifying the statute of limitation for negligent construction claims. In Goodwin v. Kingsmen Plastering Inc., 359 Or. 694 (June 16, 2016), the Court was asked to identify the period of limitations for a negligent...
Oregon’s Latest Take On Stipulated Judgments
On November 19, 2015, the Oregon Supreme Court overturned longstanding Oregon caselaw and held that a covenant not to execute in exchange for an assignment of rights does not automatically extinguish an insurer’s liability for a stipulated judgment.
FRCP 26 AMENDMENTS AND THE EFFECTS ON INSTITUTIONAL DISCOVERY
In our latest blog entry, we discuss the amendments to FRCP 26 and how they will affect discovery in federal cases involving institutional clients moving forward.
Washington Court’s Most Recent Analysis on “Arising Out Of” Language in the Context of UIM Claims
The case specifically involved questions of whether there was underinsured motorist (“UIM”) coverage for an injury to an insured pedestrian resulting from the intentional firing of a gun from an uninsured pickup truck. In the decision, the Supreme Court addressed two certified questions from the United States District Court for the Western District of Washington. These specific questions involve whether the subject injury arose out of the use of the motor vehicle and whether the shooter’s intent was material.
Dec. 10, 2015 Construction Defect Disputes & Litigation
On December 10, 2015 Tom will be speaking in Portland, OR at NBI's Construction Defect Disputes & Litigation: Using Coverage, Case Law, and Indemnification to Shift Liability.
Dec. 3, 2015 CLE Bootcamp
On December 3, 2015 Tom will be speaking at the Annual CLE Bootcamp in Seattle, WA.
Nov. 17, 2015 Worksite Accident Claims
On November 17, 2015 Tom will be speaking about Worksite Accident Claims: Prevention, Occurrence, & Resolution in Seattle, WA.
Oct. 22-23, 2015 Insurance Law Conference
On Oct. 22-23, 2015 Tom will be speaking at the Comprehensive Insurance Law conference in Seattle, WA.
Sept. 18, 2015 MC Consultants Conference
On Friday September 18, 2015 Tom will be speaking at MC Consultants 21st Annual West Region Construction Litigation & Insurance Coverage conference in San Diego, CA.
2015 Independent Insurance Adjusters Conference
Tom will be speaking at the National Association of Independent Insurance Adjusters Conference in Seattle, WA on September 17th.
Tom Lether Seminar Presentations October 2014
Tom Lether will be speaking at two upcoming Conferences in the next several weeks. He will be a panel member for the Northwest Breakout Session on Coverage and Current Trends for the 20th Annual West Region Construction Litigation and Insurance Coverage Conference in...
West Coast Casualty Seminar Recap
As you may be aware, Tom Lether recently was one of the speakers at the West Coast Casualty Construction Defect Seminar in California. Tom spoke specifically about stipulated settlement and consent judgments which continue to be an ever increasing problem for insurers...
New Decisions Impacting Insurance Law
New Decision Update Two well-reasoned decisions from the Western District of Washington have recently provided clarity to Washington law on a pair of subjects that have been of particular interest in the insurance industry in the past several years in this...
Taking Lether & Associates to “New Heights”
Climbing Mt. Rainier On Saturday June 21, 2014 at 5:30 am two paralegals from Lether & Associates reached the summit of Mt. Rainier. Andrei Teretchenko and Hugh Engel started their ascent from Camp Muir early Saturday morning, and returned to base camp after...
Congratulations, Tom Lether!
Tom Lether, along with Lether & Associates has been awarded the Washington State Dispute Resolution Award: Insurance Litigator of the Year!
Excess and Reinsurance Issues
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.
