The attorneys at Smith Freed & Eberhard provide e-mail case updates, which summarize new cases regarding substantial changes in case law. Please browse the list of past case updates or subscribe to have the case updates delivered to you instantly via e-mail.

Automotive Defense

• Compelling Independent Medical Examinations and Commingling UIM and PIP Files

  Wednesday, December 30, 2009
  
  

• Courts Lacking Jurisdiction to Hear a Claim May Still Award Attorney Fees

  Tuesday, December 15, 2009
  
  

• Effects of an Insured's Misrepresentations on Coverage

  Monday, December 14, 2009
  
  

• The Risk of Appealing Arbitrators' Decisions

  Tuesday, September 22, 2009
  
  

• Evidentiary Burden in Negligent Overservice of Alcohol

  Friday, August 07, 2009
  
  

• Insured’s Arm’s-Length Settlement Opens Door of PIP Reimbursement

  Thursday, July 30, 2009
  
  

• When Discoverable, Documents Revealing Insurers’ Claims Handling Process Will be Presumed to Not Need a Protective Order

  Wednesday, May 06, 2009
  
  

• In Collection of Subrogation Claims, Insurers Must Be Mindful of Collection Company Tactics or Risk Consumer Protection Claims

  Monday, May 04, 2009
  
  

• The SCRA Makes Knowing the Military Status of all Parties to a Suit Critical

  Thursday, March 05, 2009
  
  

• Sending Notice of Cancellation of Coverage by Certified Mail May Not Be Considered “Mailed” for Purposes of Satisfying Notice Requirements

  Thursday, December 18, 2008
  
  

• Negotiations Not Enough to Prevent a Default Judgment

  Wednesday, November 12, 2008
  
  

• When Non-Economic Damages Must Be Awarded

  Friday, October 31, 2008
  
  

• Passenger Liability

  Monday, September 22, 2008
  
  

• Insurer’s UIM Denial Did Not Constitute Bad Faith in Carjacking Claim

  Monday, July 14, 2008
  
  

• Self-Insured Automobile Rental Company Not Required to Provide Liability Insurance

  Thursday, August 09, 2007
  
  

• Even “Favored Driver” Has Obligation to Remain Observant While Traveling Through Intersection

  Monday, April 02, 2007
  
  

• Denying Coverage For Suing Without Submitting to an IME Held Reasonable

  Friday, March 16, 2007
  
  

• Statutory Intoxicated Plaintiff Defense Held Not to Abolish Comparative Fault Defense

  Tuesday, December 19, 2006
  
  

• Expert Medical Testimony

  Thursday, September 28, 2006
  
  

• Pre-existing Conditions

  Monday, August 28, 2006
  
  

• Amended Complaints

  Monday, May 22, 2006
  
  

• Traffic Violation Convictions in Personal Injury Cases

  Tuesday, December 13, 2005
  
  

Bad Faith

• Compelling Independent Medical Examinations and Commingling UIM and PIP Files

  Wednesday, December 30, 2009
  
  

• Courts Lacking Jurisdiction to Hear a Claim May Still Award Attorney Fees

  Tuesday, December 15, 2009
  
  

• Effects of an Insured's Misrepresentations on Coverage

  Monday, December 14, 2009
  
  

• Insured’s Arm’s-Length Settlement Opens Door of PIP Reimbursement

  Thursday, July 30, 2009
  
  

• Bad Faith Damages Will Not Be Awarded Where There is No Harm to Redress

  Wednesday, May 27, 2009
  
  

• When Discoverable, Documents Revealing Insurers’ Claims Handling Process Will be Presumed to Not Need a Protective Order

  Wednesday, May 06, 2009
  
  

• The SCRA Makes Knowing the Military Status of all Parties to a Suit Critical

  Thursday, March 05, 2009
  
  

• Duty to Defend Triggered Unless Insured´s Actions "Clearly" Not Covered by Policy

  Monday, December 15, 2008
  
  

• Bad Faith Claim Can Exist Solely for Procedural Errors; Actual Harm Required

  Wednesday, November 26, 2008
  
  

• "Criminal Acts" Exclusion

  Tuesday, November 25, 2008
  
  

• Insurer’s UIM Denial Did Not Constitute Bad Faith in Carjacking Claim

  Monday, July 14, 2008
  
  

• Only Complete Nondisclosure of Claim Will Bar Bankrupt Plaintiff from Proceeding

  Monday, November 19, 2007
  
  

• Self-Insured Automobile Rental Company Not Required to Provide Liability Insurance

  Thursday, August 09, 2007
  
  

• Bad Faith: Settlement By Insured Without Insurer’s Consent

  Tuesday, June 05, 2007
  
  

• “Confidential” Insurance Claims Manuals May Become Part of the Public Record if Not Sufficiently Protected at Trial

  Friday, March 30, 2007
  
  

• Denying Coverage For Suing Without Submitting to an IME Held Reasonable

  Friday, March 16, 2007
  
  

Business Litigation

• Amendments to Consumer Protection Act May Open Door to More Lawsuits

  Friday, August 14, 2009
  
  

• Damage Limitation Enforced Based on Fairness and Public Policy

  Monday, July 27, 2009
  
  

• In Collection of Subrogation Claims, Insurers Must Be Mindful of Collection Company Tactics or Risk Consumer Protection Claims

  Monday, May 04, 2009
  
  

• The SCRA Makes Knowing the Military Status of all Parties to a Suit Critical

  Thursday, March 05, 2009
  
  

• Lawsuits Against LLCs Barred Three Years After Administration Dissolution

  Monday, March 17, 2008
  
  

• Suits Against Dissolved Corporations

  Thursday, November 16, 2006
  
  

Commercial Liability Defense

• Courts Lacking Jurisdiction to Hear a Claim May Still Award Attorney Fees

  Tuesday, December 15, 2009
  
  

• Requiring a Certificate of Merit for Medical Malpractice Claims is Unconstitutional

  Thursday, November 19, 2009
  
  

• Personal Injury Claims Are Not Actionable Under the Consumer Protection Act

  Wednesday, October 21, 2009
  
  

• Amendments to Consumer Protection Act May Open Door to More Lawsuits

  Friday, August 14, 2009
  
  

• Evidentiary Burden in Negligent Overservice of Alcohol

  Friday, August 07, 2009
  
  

• The Economic Loss Rule Does Not Bar Claims for Rescission, Nor Preclude Claims Based on Breach of Statutory or Common Law Duties

  Wednesday, July 08, 2009
  
  

• A Subcontractor’s Mere Knowledge of a Safety Violation and Failure to Remedy It Does Not Establish Control to Impose a Duty under WISHA

  Monday, June 22, 2009
  
  

• Landowners Have Duty to Ensure Planted Trees do not Pose an Unreasonable Risk to Pedestrians

  Tuesday, May 12, 2009
  
  

• Premises Liability – Prior Owners of Land May be Held Liable to Third Parties

  Thursday, April 02, 2009
  
  

• Insurance Agents May be Liable for Value of Property Beyond Policy Limits

  Thursday, March 05, 2009
  
  

• The SCRA Makes Knowing the Military Status of all Parties to a Suit Critical

  Thursday, March 05, 2009
  
  

• Jury’s Determination of Contributory Negligence Difficult to Overturn

  Tuesday, February 10, 2009
  
  

• Only a Clear Request for Mediation Will Toll Statute of Limitations

  Thursday, January 29, 2009
  
  

• A Good Faith Request for Mediation of a Medical Malpractice Claim Will Stop the Statute of Limitations from Running for One Year

  Tuesday, January 20, 2009
  
  

• In Deciding Motions to Compel Arbitration, Washington Courts Must Leave Determinations of Merit and Procedure to the Arbitrator

  Tuesday, January 20, 2009
  
  

• Negligence Claim Must Allege that Landowner Failed to Exercise Reasonable Care

  Tuesday, December 16, 2008
  
  

• Duty to Defend Triggered Unless Insured´s Actions "Clearly" Not Covered by Policy

  Monday, December 15, 2008
  
  

• Late Notice: Contribution and Subrogation

  Thursday, September 04, 2008
  
  

• Liability for Negligent Hiring

  Monday, August 18, 2008
  
  

• Tolling the Statute of Limitations for Incapacitation

  Thursday, August 07, 2008
  
  

• Comparative Fault Has No Role in Construction Defect Reasonableness Hearing Based on Contractual Obligations & Statutory Warranties

  Monday, July 07, 2008
  
  

• Filing of Lawsuit Insufficient to Support Emotional Distress Claim

  Tuesday, June 24, 2008
  
  

• Landlord Liability for Dog-Bites

  Tuesday, June 03, 2008
  
  

• Settlement Agreement Unenforceable If Material Terms Not Agreed Upon

  Thursday, May 01, 2008
  
  

• Attorney Fees Awards Under Indemnification Clauses

  Tuesday, April 29, 2008
  
  

• Self-Insured Automobile Rental Company Not Required to Provide Liability Insurance

  Thursday, August 09, 2007
  
  

• Insurer’s Duty to Defend Triggered By Dentist’s Practical Joke

  Thursday, July 26, 2007
  
  

• “Confidential” Insurance Claims Manuals May Become Part of the Public Record if Not Sufficiently Protected at Trial

  Friday, March 30, 2007
  
  

• Sales Records of Asbestos Containing Materials Enough to Establish Exposure

  Friday, March 02, 2007
  
  

• Property Owner Not Liable for Dangerous Defect of Public Sidewalk or Boardwalk Unless Their Actions Caused the Defect

  Tuesday, February 27, 2007
  
  

• Doctrine of Completion and Acceptance Abandoned

  Thursday, January 18, 2007
  
  

• Bankruptcy: Effect of Failing to Disclose Personal Injury Claims

  Monday, July 17, 2006
  
  

• Negligent Infliction of Emotional Distress (NIED)

  Wednesday, May 17, 2006
  
  

• Wrongful Death of Children - Awards to Parents

  Tuesday, March 28, 2006
  
  

Construction & Development

• Determining the Validity and Scope of Arbitration Clauses, and the Right to Invoke Arbitration Clauses after Summary Judgment Motions

  Thursday, November 19, 2009
  
  

• Contractor Held Liable for Injuries Incurred After Release of Liability for Construction Defects

  Thursday, August 13, 2009
  
  

• The Economic Loss Rule Does Not Bar Claims for Rescission, Nor Preclude Claims Based on Breach of Statutory or Common Law Duties

  Wednesday, July 08, 2009
  
  

• A Subcontractor’s Mere Knowledge of a Safety Violation and Failure to Remedy It Does Not Establish Control to Impose a Duty under WISHA

  Monday, June 22, 2009
  
  

• Bad Faith Damages Will Not Be Awarded Where There is No Harm to Redress

  Wednesday, May 27, 2009
  
  

• The SCRA Makes Knowing the Military Status of all Parties to a Suit Critical

  Thursday, March 05, 2009
  
  

• Jury’s Determination of Contributory Negligence Difficult to Overturn

  Tuesday, February 10, 2009
  
  

• In Deciding Motions to Compel Arbitration, Washington Courts Must Leave Determinations of Merit and Procedure to the Arbitrator

  Tuesday, January 20, 2009
  
  

• Settlement Agreement Resolving “All Claims” does not Preclude Later Claim for Attorney Fees

  Monday, December 15, 2008
  
  

• Late Notice: Contribution and Subrogation

  Thursday, September 04, 2008
  
  

• Insurer’s Defense of Lawsuit Held Not Voluntary

  Monday, July 14, 2008
  
  

• Comparative Fault Has No Role in Construction Defect Reasonableness Hearing Based on Contractual Obligations & Statutory Warranties

  Monday, July 07, 2008
  
  

• Liability of Excess Carrier When Primary Insolvent

  Monday, April 07, 2008
  
  

• Lawsuits Against LLCs Barred Three Years After Administration Dissolution

  Monday, March 17, 2008
  
  

• Bad Faith: Settlement By Insured Without Insurer’s Consent

  Tuesday, June 05, 2007
  
  

• Property Owner Not Liable for Dangerous Defect of Public Sidewalk or Boardwalk Unless Their Actions Caused the Defect

  Tuesday, February 27, 2007
  
  

• Doctrine of Completion and Acceptance Abandoned

  Thursday, January 18, 2007
  
  

• “Scope of Employment” and “Own” Language in Contractor’s Liability Policy Held Unambiguous

  Tuesday, January 16, 2007
  
  

• Language in Contractor’s Liability Policy Held Unambiguous

  Tuesday, December 26, 2006
  
  

Coverage Law

• Compelling Independent Medical Examinations and Commingling UIM and PIP Files

  Wednesday, December 30, 2009
  
  

• Courts Lacking Jurisdiction to Hear a Claim May Still Award Attorney Fees

  Tuesday, December 15, 2009
  
  

• Effects of an Insured's Misrepresentations on Coverage

  Monday, December 14, 2009
  
  

• Bad Faith Damages Will Not Be Awarded Where There is No Harm to Redress

  Wednesday, May 27, 2009
  
  

• The SCRA Makes Knowing the Military Status of all Parties to a Suit Critical

  Thursday, March 05, 2009
  
  

• Sending Notice of Cancellation of Coverage by Certified Mail May Not Be Considered “Mailed” for Purposes of Satisfying Notice Requirements

  Thursday, December 18, 2008
  
  

• Bad Faith Claim Can Exist Solely for Procedural Errors; Actual Harm Required

  Wednesday, November 26, 2008
  
  

• "Criminal Acts" Exclusion

  Tuesday, November 25, 2008
  
  

• Insurer’s UIM Denial Did Not Constitute Bad Faith in Carjacking Claim

  Monday, July 14, 2008
  
  

• Insurer’s Defense of Lawsuit Held Not Voluntary

  Monday, July 14, 2008
  
  

• Liability of Excess Carrier When Primary Insolvent

  Monday, April 07, 2008
  
  

• Only Complete Nondisclosure of Claim Will Bar Bankrupt Plaintiff from Proceeding

  Monday, November 19, 2007
  
  

• Self-Insured Automobile Rental Company Not Required to Provide Liability Insurance

  Thursday, August 09, 2007
  
  

• Insurer’s Duty to Defend Triggered By Dentist’s Practical Joke

  Thursday, July 26, 2007
  
  

• Bad Faith: Settlement By Insured Without Insurer’s Consent

  Tuesday, June 05, 2007
  
  

• New Legislation Exposes Washington Insurers to Punitive Damages and Greater Risk of Attorney Fees

  Tuesday, June 05, 2007
  
  

• “Confidential” Insurance Claims Manuals May Become Part of the Public Record if Not Sufficiently Protected at Trial

  Friday, March 30, 2007
  
  

• Denying Coverage For Suing Without Submitting to an IME Held Reasonable

  Friday, March 16, 2007
  
  

• Language in Contractor’s Liability Policy Held Unambiguous

  Tuesday, December 26, 2006
  
  

Employment Litigation

• The SCRA Makes Knowing the Military Status of all Parties to a Suit Critical

  Thursday, March 05, 2009
  
  

• Liability for Negligent Hiring

  Monday, August 18, 2008
  
  

• Attorney Fees Awards Under Indemnification Clauses

  Tuesday, April 29, 2008
  
  

• Sales Records of Asbestos Containing Materials Enough to Establish Exposure

  Friday, March 02, 2007
  
  

• Language in Contractor’s Liability Policy Held Unambiguous

  Tuesday, December 26, 2006
  
  

• Employer Liability: "Borrowed Servant Doctrine"

  Thursday, October 26, 2006
  
  

First & Third Party/SIU

• Courts Lacking Jurisdiction to Hear a Claim May Still Award Attorney Fees

  Tuesday, December 15, 2009
  
  

• Landowners Have Duty to Ensure Planted Trees do not Pose an Unreasonable Risk to Pedestrians

  Tuesday, May 12, 2009
  
  

• The SCRA Makes Knowing the Military Status of all Parties to a Suit Critical

  Thursday, March 05, 2009
  
  

• Bad Faith Claim Can Exist Solely for Procedural Errors; Actual Harm Required

  Wednesday, November 26, 2008
  
  

• "Criminal Acts" Exclusion

  Tuesday, November 25, 2008
  
  

• Only Complete Nondisclosure of Claim Will Bar Bankrupt Plaintiff from Proceeding

  Monday, November 19, 2007
  
  

• New Legislation Exposes Washington Insurers to Punitive Damages and Greater Risk of Attorney Fees

  Tuesday, June 05, 2007
  
  

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