Lether Law Group

$2.7M

Construction Law, Insurance Law

Western District of Washington ruled that an impaired property exclusion applied to exclude coverage for damages related to improperly constructed retaining walls, as the failure was gradual and inevitable, not sudden and accidental. The parties had reached a settlement for $2.66 million, but coverage was denied.

$2M

Environmental Law, Insurance Law, Personal Injury

Washington Supreme Court applied the "efficient proximate cause" rule to third-party liability insurance claims for the first time, ruling that a pollution exclusion did not bar coverage for carbon monoxide injuries because the efficient proximate cause was negligent installation, not the pollution itself. Motion for reconsideration denied.

$54.7M

Auto Accident, Insurance Law, Consumer Protection Act

United States District Court for the Western District of Washington issued a summary judgment ruling that "typical negotiation" deductions in calculating Actual Cash Value (ACV) for total loss auto physical damage claims are not permitted under WAC 284-30-391 and constitute a per se violation of the Washington Consumer Protection Act.

$5.4M

Insurance Law, Covenant Judgment

Washington State Court of Appeals held that a liability insurer is not bound by a reasonableness determination of a covenant judgment if it was not given proper notice and opportunity to be heard. The court reversed a judgment against ACE for $5,443,200.00 plus attorney fees.

$2.5M

Auto Accident, Insurance Law, Covenant Judgment

Washington State Court of Appeals affirmed that an insurer cannot nullify a stipulated settlement based on mutual release language if the insurer is not a party to the agreement, and upheld the trial court's reasonableness determination of a covenant judgment.

$10.5M

Personal Injury, Constitutional Law

Oregon Supreme Court ruled that the $500,000 cap on non-economic damages for personal injury claims is unconstitutional under the Remedy Clause of the Oregon Constitution.