Paul Rosner

Washington Supreme Court Rules on Insurer Duty Defend and Discovery Issues

In a unanimous decision on an issue it identified as a matter of first impression in Washington, the Washington Supreme Court held discovery that is potentially prejudicial to an insured in underlying litigation must be stayed…more
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Washington Insurers Denied Right To Jury Trial

On October 25, 2012, the Washington Supreme Court ruled that an insurer was not entitled to have the reasonableness of “covenant judgment” determined by a jury. Bird v. Best Plumbing Group, LLC, 86109-9, 2012 WL 5269734 (Wash…more
| Constitutional Law, Insurance

Stipulated Settlement Slashed by Federal District Court

On January 9, 2012, Washington Federal District Court Judge John Coughenour ruled that a $5.75 million covenant judgment settlement of a condominium construction defect lawsuit was unreasonable, that the reasonable settlement…more
| Construction Law, Insurance

Proximate Cause and Ensuing Loss Explained

The efficient proximate cause rule and ensuing loss provisions are concepts that are confusing to many including the courts. This decision provides a good explanation, which will be helpful to insurance claims professionals and…more
| Insurance

Ambiguity Found by Washington Supreme Court in ACV Settlement Provision

Recent Washington Supreme Court decision re including Washington sales tax in acv settlements…more
| Insurance
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