Location
Washington
Webinar
Smith Freed Eberhard partners Josh Hayward and Melanie Rose discuss significant cases of the past year in Washington, with a focus on Personal Lines claims management. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic overview of significant cases over the last year and their impact on Personal Lines claims management. This webinar will prepare you…
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Friday January 29, 2021 By: Josh Hayward
Legal Alert
From the desk of Josh Hayward: Last year, the Washington Court of Appeals held that bicyclists were not considered pedestrians in the context of PIP coverage, because the plain meaning of the word “pedestrian” does not include cyclists. The Washington Supreme Court just re-examined the issue. What exactly did the court decide? And how did it arrive at this conclusion?…
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Wednesday January 20, 2021 By: Josh Hayward
Legal Alert
From the desk of Ashley Nagrodski: Washington has a recreational use immunity statute that shields landowners from liability for injuries that occur on their property. However, there is an exception to this immunity which means a qualifying defendant may still face liability. What exactly is required to come within the protection of this statute? Read on to find out. Claims…
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Thursday January 7, 2021 By: Firm Authorship
Legal Alert
From the desk of Cliff J. Wilson: The Washington Court of Appeals recently revisited the public policy lens as related to UIM exclusions in Washington automobile insurance policies.  In this case, the court examined Progressive’s decision to deny UIM benefits to a guest passenger injured by one of its insured drivers in a single-vehicle accident. Was Progressive’s denial of benefits…
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Wednesday December 30, 2020 By: Cliff Wilson
Legal Alert
From the desk of Josh Hayward: Washington’s Made Whole Doctrine establishes that a person with insurance must be fully reimbursed for their losses, or “made whole,” before the person’s insurance company can take from any third-party recovery proceeds to recoup what they paid out on a claim. This case addresses the question, really how much is required to be “made…
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Wednesday December 9, 2020 By: Josh Hayward
Success Story
Claims Alleged: Appeal from Summary Judgment Dismissal of Adverse Possession and Prescriptive Easement Claims The Overview: Smith Freed Eberhard partner, Ashley Nagrodski, and associate, Jessica Kamish, achieved a compelling win for their clients in the Washington Court of Appeals when the court affirmed the trial court’s dismissal of the claims against their clients. Ashley and Jessica were assigned the case during the late stages of…
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Tuesday December 1, 2020 By: Firm Authorship
Legal Alert
From the desk of Thomas McCurdy: Generally, if a driver loses consciousness and causes an auto accident, they are not held liable. The driver can be held liable, however, if they were aware that there was a possibility they could suddenly lose consciousness. This case addresses the question, does a driver’s prior knowledge of their multiple health conditions make them…
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Tuesday December 1, 2020 By: Thomas McCurdy
Legal Alert
From the desk of Mike Staskiews: A contractor may be able to escape liability for a breach of contract due to construction defects, if the contractor proves the defects were caused by the owner’s own defective plans or specifications. This affirmative defense can shield the contractor from all liability. Therefore, the contractor carries the burden to prove that the defects…
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Wednesday October 28, 2020 By: Michael Staskiews
Legal Alert
From the desk of Thomas McCurdy: We here at Smith Freed Eberhard understand the importance an individual’s Blood Alcohol Concentration (BAC) can play in our ability to win a case.  Indeed, SFE is at the forefront of Oregon’s dram shop frontier, meaning that BACs hold something of a special place in our hearts.  For that reason, we are excited to…
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Wednesday September 30, 2020 By: Thomas McCurdy
Legal Alert
From the desk of Kyle Riley: When a consumer purchases a policy of insurance, there is little doubt that they expect to be able to rely on their coverage when disputes arise.  Washington courts have made the state’s policy clear: when there is a potential for coverage, any uncertainty must be resolved in favor of providing coverage to the insured,…
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Monday September 21, 2020 By: Kyle Riley
Legal Alert
From the desk of Joshua P. Hayward: The Washington Court of Appeals recently considered a trial court’s ruling that denied PIP benefits to an insured claimant who sustained injuries while riding a bicycle after determining that the term “pedestrian” does not include bicyclists. Case Pointer: In this case from the Washington Court of Appeals, an insured argued that even though…
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Thursday September 10, 2020 By: Josh Hayward
Legal Alert
From the desk of Mike J. Staskiews: It is no secret that major public works projects come with major potential for safety risks and hazards. Contractors strive to protect the health and wellbeing of their workers and the general public alike. Unfortunately, things can slip through the cracks which, if not remedied within a certain period of time, can result…
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Wednesday August 26, 2020 By: Michael Staskiews
Legal Alert
From the desk of Gordon C. Klug: It should come as no surprise that a lawyer is prohibited from representing a new client where that new client’s interests are adverse to the interests of a former client and the matters are closely related. From a business standpoint, lawyers are also well-served to avoid these scenarios; especially in the case of…
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Wednesday August 12, 2020 By: Gordon Klug
Success Story
The Overview: Smith Freed Eberhard associate attorney Jessica Kamish recently achieved a significant victory for her client following a complex case that was tried in Seattle, Washington.  After Plaintiff decided she was unhappy with an arbitration award, she demanded a trial de novo, which even her own lawyer advised against.  At trial, Jessica leveraged the jury selection process to remove…
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Tuesday August 11, 2020 By: Jessica Kamish
Legal Alert
From the desk of Thomas McCurdy: Washington has a track record of working to criminalize discrimination in public spaces.  Since the early 1900s, the state has been developing legislation prohibiting discrimination on a number of bases – the list of which continues to grow to this very day.  In 1957, the Washington legislature enacted the Washington Law Against Discrimination (WLAD) which made discrimination based on…
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Friday July 17, 2020 By: Thomas McCurdy
Legal Alert
From the desk of Jean Kang and Cliff Wilson: Insurers and claims professionals who do business in Washington are no strangers to the relatively unfriendly legal landscape created by state statute and case law. Insurers are subject to strict regulation under statutory schemes like the Insurance Fair Conduct Act (IFCA) and Consumer Protection Act (CPA), each of which expose insurers…
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Tuesday July 14, 2020 By: Jean Kang
Legal Alert
From the desk of Kyle Riley: The Washington Supreme Court recently responded to a question certified by the Ninth Circuit Court of Appeals. The question was one of agency. Specifically, it was unclear whether, under the facts at hand, defendant Selective Insurance Company (“Selective”) was bound by its agent’s written representation made on a certificate of insurance that a particular corporation…
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Friday May 29, 2020 By: Kyle Riley
Legal Alert
From the desk of Bill Taaffe: The Washington Supreme Court recently addressed the State’s longstanding “made whole” doctrine, which requires that before an insurer can exercise its right to recover payments from an insured’s recovery (aka subrogation), the insured must first have been made whole. Only when the insured has been “made whole” is the insurer allowed to seek subrogation for…
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Tuesday May 26, 2020 By: William Taaffe
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