NEWS & UPDATES
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Clearly Applicable Policy Exclusions and the Duty to Defend
On August 21, 2024, the Ninth Circuit Court of Appeals issued an unpublished opinion in Sec. Nat’l Ins. Co. v. Urberg, Case No. 23-35228, 2024 U.S. App. LEXIS 21365, 2024 WL 3912582 (9th Cir. Aug. 21, 2024) affirming the dismissal of the appellants’ claims against...
Labor Day: Office Hours & the Evolution of Workers’ Insurance
As Labor Day approaches, we at Lether Law Group want to take a moment to recognize and celebrate the hard work and dedication that you and countless others demonstrate every day. Labor Day, observed on the first Monday of September, is a time to honor the achievements...
Ninth Circuit Partially Revise Class Action Claims Against State Farm
On Monday, August 19, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Jama, et al. v. State Farm Mutual Auto. Ins. Co., et al, No. 22-35499, 2024 U.S. App. LEXIS 20881, __ F.4th___ (9th Cir. 2024) reversing in part a Western District of...
Understanding the Impact of OFAC Advisory Notices on Insurance Policies
One of the most unusual notices that exists in many policies is the OFAC Advisory Notice. This notice, which can function to freeze or block an insurance contract, is rarely considered by claims professionals or insureds. So, what is OFAC? OFAC stands for the Office...
Washington State Supreme Court Clarifies Law on “Reasonable Investigation” and Determination of “Reasonable” Charges for Personal Injury Protection Claims
On February 15, 2024, the Washington State Supreme Court issued its decision in Schiff v. Liberty Mutual Fire Insurance Company, et al., Case No. 101576-3, which examined “… what an insurer must do to meet the ‘reasonable investigation’ requirement and the requirement...
Oregon Supreme Court Unilaterally Creates “Negligence” Cause of Action Against Insurers
On December 29, 2023, the Oregon Supreme Court effectively created new bad faith liability exposure for insurers doing business in Oregon when it issued its opinion in Moody v. Or. Cmty. Credit Union, 371 Ore. 772, 2023 Ore. LEXIS 692 (2023). In Moody, an insured sued...
Season of Giving
Lether Law Group's Heartfelt Charitable Endeavors This Holiday Season, Lether Law Group is proud to highlight our participation in several impactful charitable initiatives, underscoring our commitment to giving back to the community and making a positive difference....
Wintertime Property Claims
It is the Season. Not just for the Holidays but also for winter storm property damage claims. The volume of commercial and homeowner property claims typically increase during the winter months. This is due in large part to winter weather conditions. The typical types...
Happy Thanksgiving from Lether Law Group
We are thankful for all of our clients, friends, and family! We hope everyone has a safe and wonderful holiday weekend. In honor of the Thanksgiving spirit, a time of unity and gratitude, it's crucial to support those in need. Since November 1st, Lether Law Group has...
Lether Law Group Hosts the 2023 IAPL Annual General Meeting in Washington D.C.
The International Association of Practicing Lawyers (IAPL) is a select group of attorneys representing countries throughout the world. For several years, Tom Lether has been the representative of the United States at the semiannual meetings. The IAPL presents an...
Business Interruption Claims Resulting from Wildfire Losses: What You Need to Know
As a result of the recent Lahaina wildfires occurring in Maui, Hawaiʻi, the question of what is covered under commercial property policies for business interruption claims has resurfaced. Under most commercial policies, business interruption coverage is available to...
Hawaiʻi Wildfires: Understanding your Property Insurance Coverage
In light of the recent wildfires that have wreaked havoc across Hawaiʻi, Lether Law Group has received numerous inquiries from individuals seeking basic information on property insurance. The PDF below will provide you with basic facts regarding homeowners,...
Hawaiʻi Wildfires and FEMA Assistance: A Guide from Lether Law Group
In light of the recent wildfires that have wreaked havoc across Hawaiʻi, Lether Law Group has received numerous inquiries from individuals, government agencies, and families seeking guidance on accessing/locating support. This guide is designed to address those...
Washington Landlords and Tenants: Remaining COVID-19 Eviction Protections Lifted
The National Response to COVID-19: A Brief Overview In early 2020, the nation was in a state of emergency due to the COVID-19 pandemic. Recognizing the risk of mass evictions as a result of the pandemic, many state and local governments enacted a moratorium on...
Standing Together for Maui: Lether Law Group’s Commitment to Wildfire Relief
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...
Thoughts and Prayers to our Maui and Big Island Ohana
The Lether Law Group ohana sends our thoughts and prayers to our family, friends, clients, and all those affected by the fires on Maui and the Big Island of Hawaiʻi. Witnessing the devastation and seeing those who have been affected is truly heartbreaking. Hawaiʻi is...
Construction Defects In Tropical Environments
Building failures can result from a number of causes. A failure can be explained as much by weather as bad construction. For example, ice dams resulting in water and roof damage are common in colder regions. As a result, it is essential to be aware of the interaction...
Oregon to Permit Substantial Extra-Contractual Claims for Insureds
CAs of January 1, 2024, Oregon insurance law will experience a paradigm shift—for the first time, Oregon will allow insureds to present a meaningful and substantial extra-contractual claim for damages. After the resolution of a legislative impasse that threatened to...
Pride in Practice: Upholding Ethical Standards at Lether Law Group
As many of you are aware, there have been several recent news stories showcasing the various levels of workplace misconduct from a large national law firm. The in-depth reporting highlights the dangers of profound greed and leveraging the assistance of clients to...
Washington State Court of Appeals New Decision On Covenant Judgments
On January 30, 2023, Division One of the Washington State Court of Appeals issued a published opinion further addressing covenant judgments in Washington. In Garza v. Perry, No. 83377-4-I, 2023 Wash. App. LEXIS 144, at *8 (Ct. App. Jan. 30, 2023), the Court of Appeals...
Insurance Coverage & Volcanic Activity
After nearly 40 years of silence, Moku‘āweoweo, the summit caldera of Mauna Loa on the Big Island of Hawaii, began erupting. The eruption lasted for approximately twelve days from November 27, 2022 until December 10, 2022. Big Island residents are no stranger to...
WASHINGTON COURT HOLDS THAT USE OF A FORMULAIC APPROACH TO DETERMINE REASONABLENESS OF PROVIDER CHARGES IS A VIOLATION OF THE CONSUMER PROTECTION ACT
The Washington State Consumer Protection Act (CPA) prohibits the use of unfair methods of competition and unfair or deceptive acts or practices in the insurance industry. The Washington Supreme Court has held that in order to prevail on a private CPA claim, a...
Thanksgiving and a Cornucopia of Potential Insurance Claims
Thanksgiving is a time to spend with family and friends and celebrate all that we are thankful for. It is also a time for a cornucopia of potential insurance claims. Thanksgiving-related insurance claims can run the gamut from auto accidents, to slip-and-falls,...
WASHINGTON COURT OF APPEALS WITHDRAWS OPINION ADDRESSING THE INSURANCE FAIR CONDUCT ACT IN THE CONTEXT OF UM/UIM INSURANCE
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 STATE SUPREME COURT WEIGHS IN ON COVID-RELATED BUSINESS INTERRUPTION CLAIMS
As insurance professionals and insurance lawyers are aware, Washington State is historically one of the most liberal jurisdictions in the country. This has often led to decisions and rulings that favor policy holders. However, on August 25, 2022, the Washington State...
THE WASHINGTON STATE SUPREME COURT OVERRIDES A LIABILITY POLICY ON PUBLIC INTEREST GROUNDS
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...
The Sky is the Limit! The Tenuous State of Constitutional Limitations on Punitive Damages
One of the core principles of Constitutional law and interpretation that has recently come under greater scrutiny is the principle of substantive due process rights. Recent decisions from the United States Supreme Court have reshaped our understanding as to the...
Appellate Practice Tips
Lether Law Group is engaged in appellate practice across multiple jurisdictions including multiple State Courts of Appeals and the Federal Circuit Courts of Appeal. As any experienced insurance defense litigator knows, a win at the trial level for your client is often...
Washington Court Reaffirms Insurers’ Right to Participate in Reasonableness Hearings
On October 28, 2024, the Washington State Court of Appeals considered the validity of a reasonableness determination obtained without proper notice to the liability insurer, and held that without proper notice, the liability insurer is not bound to the reasonableness...
FEATURED
Washington Court Reaffirms Insurers’ Right to Participate in Reasonableness Hearings
On October 28, 2024, the Washington State Court of Appeals considered the validity of a...
Clearly Applicable Policy Exclusions and the Duty to Defend
On August 21, 2024, the Ninth Circuit Court of Appeals issued an unpublished opinion in Sec. Nat’l...
Ninth Circuit Partially Revise Class Action Claims Against State Farm
On Monday, August 19, 2024, the Ninth Circuit Court of Appeals issued a published opinion in Jama,...
Understanding the Impact of OFAC Advisory Notices on Insurance Policies
One of the most unusual notices that exists in many policies is the OFAC Advisory Notice. This...
Washington State Supreme Court Clarifies Law on “Reasonable Investigation” and Determination of “Reasonable” Charges for Personal Injury Protection Claims
On February 15, 2024, the Washington State Supreme Court issued its decision in Schiff v. Liberty...
Oregon Supreme Court Unilaterally Creates “Negligence” Cause of Action Against Insurers
On December 29, 2023, the Oregon Supreme Court effectively created new bad faith liability...
Lether Law Group Hosts the 2023 IAPL Annual General Meeting in Washington D.C.
The International Association of Practicing Lawyers (IAPL) is a select group of attorneys...
Business Interruption Claims Resulting from Wildfire Losses: What You Need to Know
As a result of the recent Lahaina wildfires occurring in Maui, Hawaiʻi, the question of what is...
Hawaiʻi Wildfires: Understanding your Property Insurance Coverage
In light of the recent wildfires that have wreaked havoc across Hawaiʻi, Lether Law Group has...
Hawaiʻi Wildfires and FEMA Assistance: A Guide from Lether Law Group
In light of the recent wildfires that have wreaked havoc across Hawaiʻi, Lether Law Group has...
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