Recent Decisions
Washington SB 5331: Expanded Enforcement and Restitution Risk for Insurers
Washington’s Senate Bill 5331, a newly presented piece of consumer protection legislation sponsored by Senate Business, Financial Services & Trade Committee and requested by the state’s Insurance Commissioner, would give the Office of the Insurance Commissioner...
New Unpublished 9th Circuit Decision: Bitco Gen. Ins. Corp. v. Union Ridge Ranch, LLC
The 9th Circuit Court of Appeals (9th Circuit) recently issued an unpublished decision affirming the District Court’s grant of summary judgement in favor of BITCO General Insurance Corporation (BITCO). Bitco Gen. Ins. Corp. v. Union Ridge Ranch, LLC, Nos. 24-6473,...
9th Circuit Upholds Dismissal of Coverage Claims
On July 21, 2025, after almost 15 years of litigation, the 9th Circuit Court of Appeals affirmed the Western District Of Washington’s summary judgment decision in favor of Northland Insurance Company dismissing all contractual and extra-contractual claims. The 9th...
Washington Ruling Targets ACV Practices in APD Claims
On July 29, 2025, the United States District Court for the Western District of Washington issued a summary judgment ruling in a matter entitled Ngethpharat v. State Farm Mut. Auto. Ins. Co., regarding State Farm’s methods for determining actual cash value (ACV) for...
Washington Insurance Commissioner Discusses Proposed Restitution Bill
In November, several new faces were elected to various positions within the Washington State government. This includes Patty Kuderer, who defeated Phil Fortunato to become Washington’s new Insurance Commissioner. Recently, an AM Best report revealed some of the areas...
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On August 21, 2024, the Ninth Circuit Court of Appeals issued an unpublished opinion in Sec.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...
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...
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...