NEWS & UPDATES
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Introducing Two New Attorneys
Lether Law Group recently welcomed two new attorneys to our team. Welcome aboard to Dana Mydland and Erik Swedstedt. We look forward to accomplishing great things together. Dana Mydland grew up in the Pacific Northwest and has remained since. She graduated cum laude...
Lether Law Group Interviews Now Available Through Our Website
2020 has been a historic year for a number of reasons. Unfortunately, most of these developments have not been favorable. As a result of COVID issues, civil unrest issues, and historic wildfires, there have been significant legal issues which have impacted insurers...
Lether Law Supports the 2020 Queen Anne Food Bank
Not since the Great Depression and the Great Recession has America been confronted with such devastating economic conditions. The COVID pandemic has cost America thousands of jobs and placed families around the country in a position of dire need. In the greater...
Out of Historic 2020 Wildfires, California and Oregon Adopt New Laws, Regulatory Guidance Impacting Insurers
Over the past several weeks, the fallout from 2020’s historic wildfire season on the West Coast continues to impact the insurance industry and the regulatory environment which insurers face. More than 6.2 million acres burned across Washington, Oregon, and California...
COVID-19 Litigation Update
As we have recently reported, the clear trend in the United States Courts is towards finding that the typical Business Interruption (BI) coverages in U.S. commercial property policies will not be triggered by the COVID-19 pandemic. Thus far, the majority of the...
Insurers Face Increased Pressure to Expedite Wildfire Claims Due to Notice from Insurance Commissioner
While we all continue to deal with the effects and impacts of the COVID-19 pandemic, the western part of our country is now experiencing almost unprecedented wildfires. Over the last two weeks, the west coast has been devastated by wildfires with more than 4.7...
Remembering Victims and Survivors
On the anniversary of September 11, 2001, we at Lether Law Group stand united in remembering the victims and survivors of the attacks on New York and Washington, D.C. In light of those events, and the challenges still present today, we especially give thanks for our...
COVID-19 Business Interruption Case Updates from Across the Country
The rapid spread of COVID-19 throughout the United States and resulting governmental shut-down orders have sparked a large increase in business interruption claims and subsequent litigation. While “direct physical loss” and “necessary suspension” policy language have...
JPML Denies Move to Create MDL for COVID-19 Business Interruption Lawsuits
Earlier today, the Panel for Multi-District Litigation issued an Order denying consolidation of hundreds business interruption coverage lawsuits related to COVID-19. The Panel held that the allegedly common issues supporting consolidation, “share only a superficial...
Commercial Trucking and MCS-90 Issues in the COVID Age
One of the effects of the COVID pandemic has been an increase in the use of commercial trucking as a primary means of transportation of goods and services throughout the United States. Internet retailers in particular have seen a tremendous surge in sales...
Oregon Supreme Court Strikes Down $500,000 Non-Economic Damages Cap for Personal Injury Claims as Unconstitutional
On July 9, 2020, the Oregon Supreme Court issued its Opinion in Busch v. McInnis Waste Sys., Inc., Case No. SC S066098. Five of the seven justices representing the majority held that the $500,000 cap on non-economic damages for personal injury claims was...
Washington Insurance Commissioner Releases New Guidance to Businesses in Light of Recent Events
On June 3, 2020, Washington Insurance Commissioner Mike Kriedler advised Washington State business owners to contact their insurance providers as soon as possible if they have experienced loss or damage in association with recent occurrences of looting and vandalism...
New Federal Court Case Tests the Limits of Washington Supreme Court Ruling in Keodalah and Allows Some Claims Against Adjusters to Proceed in State Court.
As many of you likely recall, the Washington Supreme Court affirmed the trial court’s dismissal of the statutory extra-contractual claims asserted against an employee-adjuster on October 3, 2019 in Keodalah v. Allstate, 194 Wn.2d 339, 449 P.3d 1040 (2019). However,...
Washington Update
As we all continue to deal with the social, commercial, and legal fallout from the COVID-19 pandemic, the world continues to turn. Lether Law Group hopes everyone is staying safe, healthy and positive. New Washington Regulation In non-coronavirus news, the Washington...
Continuing Developments with Business Interruption Claims
While we all continue to strive for a sense of normalcy in the midst of the ever-changing COVID-19 crisis, new arguments in support of purported coverage for COVID-19 related Business Interruption claims continue to emerge. One such recent argument is based on the...
Suspicious and Fraudulent Claims
As the COVID-19 health crisis continues in the United States, a number of insurers have already seen a significant increase in claim activity. This includes not only business interruption claims but also a significant increase in property claims. Unfortunately, one of...
Life Returns to Normal (Almost) on Lake Union
As we enter day 29 of the Washington State shutdown order, it appears that the worst of the COVID-19 crisis in Seattle may be behind us. The weather in April has been fantastic. There have been sunny, clear days over the Emerald City. Boats, paddleboards, and kayakers...
COVID-19 Update
As the COVID-19 crisis continues to impact every aspect of our personal and professional lives, Lether Law Group is continuing to monitor any and all new developments that may impact our clients. To the extent that you have any questions or would like to discuss any...
Insurance – An Essential Service
The State of Washington has recently clarified its list of essential services which are permitted to remain open during the current health crisis. That notification clarifies that insurance is considered an “essential service”. See notification link below. We...
Washington State Insurance Commissioner’s COVID-19 Letter
As we at Lether Law Group and the rest of Washington State enter our second day of Washington State’s Stay-at-Home Order, we hope all of you are staying safe, practicing social distancing, and doing as well as you can in these tough times. Lether Law Group is keeping...
FEATURED
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...
Insurance Coverage & Volcanic Activity
After nearly 40 years of silence, Moku‘āweoweo, the summit caldera of Mauna Loa on the Big Island...
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...
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...
THE NINTH CIRCUIT COURT OF APPEALS AFFIRMS DISMISSAL OF COVID-19 BUSINESS INTERRUPTION CLAIMS
On October 17, 2022. The United States Court of Appeals for the Ninth Circuit...
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...
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...
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...
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...
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...
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