INSIGHTS2020-04-23T18:20:44+00:00
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02.20.2018 // THE POLICYHOLDER REPORT
In Washington, an insurer cannot refuse to defend, change its mind, and still expect to control the defense or avoid bad faith
A recent decision from the U.S. District Court for the Western District of Washington again demonstrates the decidedly pro-policyholder nature of insurance-coverage law in the state of Washington. Like so many coverage cases, 2FL Enterprises, LLC v. Houston Specialty Insurance Co., arose from underlying construction-defect litigation. The insured, 2FL Enterprises, first notified its insurer, Houston...
12.29.2017 // THE POLICYHOLDER REPORT
Traps await the unwary in claims-made insurance policies
Under typical Commercial General Liability policies, which are triggered by an “occurrence” during the policy period, an insured can safely wait until being served with a complaint to notify the insurer about the litigation. But policies written on a “claims made” basis, such as many Errors and Omissions policies or Employment Practices Liability policies, raise...
10.03.2017 // EDUCATION & PUBLIC AGENCY CONSTRUCTION LAW
Grant Requirements for the Oregon School Capital Improvements Matching Program
Recipients of a grant under the Oregon School Capital Improvement Matching Program (OSCIM Program) must enter into a Grant Agreement with the State of Oregon. The Agreement includes several items that directly relate to the construction contracting process. First, the Agreement requires the recipient of a grant to complete its construction project in “accordance with...
09.12.2017 // EDUCATION & PUBLIC AGENCY CONSTRUCTION LAW
Grants for School Facilities in Oregon
School districts across Oregon have access to several types of state-funded grants. Two of these grant programs are administered by the Office of School Facilities (created by the Oregon Legislature in 2015): the Oregon School Capital Improvement Matching Program (OSCIM Program), and the Technical Assistance Program (TAP). The OSCIM Program is the largest grant program...
08.25.2017 // THE POLICYHOLDER REPORT
Forget the rose-colored glasses when filling out insurance applications
Keeping your fingers crossed, with perhaps a little truculence thrown in for good measure, should not guide an insured’s answers in filling out an insurance application. Rather, as the decision in a recent case from federal district court in Florida shows, insureds filling out renewal applications should view the world through a pessimistic eye. In...
06.05.2017 // EDUCATION & PUBLIC AGENCY CONSTRUCTION LAW
Tips for your next Construction Manager / General Contractor Project
Many school districts are moving forward with capital projects large and small in the coming months. At both ends of the spectrum, many districts are hoping to gain financial and logistical benefits by engaging construction managers / general contractors (“CM/GC”) early in the process. This is a great time to discuss some good practices to keep...
05.11.2017 // THE POLICYHOLDER REPORT
Not so fast insurance company, that judgment against your insured may in fact be covered
Yesterday, the Oregon Court of Appeals dealt a hefty blow to insurance companies seeking to exclude coverage for property damage to multi-family dwellings and for awards of attorney fees. In Hunters Ridge Condominium Ass’n v. Sherwood Crossing, LLC, the Oregon Court of Appeals held that an insurance company’s “Multi-Unit New Residential Construction” exclusion was unclear...
09.05.2018 // EDUCATION & PUBLIC AGENCY CONSTRUCTION LAW
Considerations for Public Agency Use of Construction Manager / General Contractor Procurement
Many school districts and other public agencies are considering using a special process for capital projects, by engaging the contractor through the construction manager / general contractor (“CM/GC”) method. Use of this procurement method requires several extra steps that are not applicable to the standard bid process. Special care must be taken in its implementation....
05.08.2017 // THE POLICYHOLDER REPORT
Pitfalls abound in settling around an insurer acting in bad faith
Businesses buy liability insurance to protect themselves from lawsuits brought by people injured by the business’s employees. But after the injury, and after the plaintiff has sued, the main concern is often between the injured plaintiff and the insurer for the business that doesn’t want to pay. In this context, the defendant often settles the...
03.01.2017 // THE POLICYHOLDER REPORT
Oregon Court of Appeals rejects insurer’s attempt to cast its own insured as just another insurer
You’re sued. You tender the defense of the lawsuit to your insurer, but it refuses to defend you. You settle the case and then file a lawsuit against your insurer for what it should have paid to defend you while sitting out of the fight. You win in the trial court, in the Court of...