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- Category: Class Action & Mass Tort Defense
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- Category: Construction
- Category: COVID-19 Response
- Category: D&O Liability
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- Category: Fidelity & Surety
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- Category: Insurance Coverage
- California Supreme Court Refines Rules of Policy Interpretation
- California Goes to Texas: The Insurance Consequences of California’s Adoption of a Private Right of Action Against Firearms Manufacturers, Distributors, and Sellers
- Significant California Decision Enforcing Statutory Prohibition on Liability Coverage for Willful Acts
- Insuralex chooses Bullivant Houser as its exclusive member in Washington
- Andy Downs Co-edits the Third Edition of the ABA’s Property Insurance Litigator’s Handbook
- Washington Legislature Renews Attempt to Create Coverage for COVID-19 Business Interruption Claims
- Mooney Elected as Bullivant Houser New Shareholder
- WHAT DO THEY HAVE FOR US THIS YEAR? New California Insurance Laws for 2022
- Experienced Trial Attorneys Jeff Hill and Brad Lamb Join Bullivant Houser in Portland
- Oregon’s New Payee Notification Law: What Insurers and Their Lawyers Need to Know
- Update on Insurance Coverage Legislation Sparked by 2020 Wildfires
- Historic 2020 Wildfires Spark Proposed Insurance Coverage and Bad Faith Legislation in Oregon
- Four Corners, Eight Corners, and Fronting Turned Upside-Down
- Nevada Gets on the “Buss,” Adopts Insurer Right of Reimbursement for Uncovered Defense Costs
- Washington Legislature Attempts to Create Coverage for COVID-19 Business Interruption Claims
- What Did Santa Leave for Property Insurers? New California Laws Affecting Property Claims in 2021
- No Multidistrict Litigation for Most COVID-19 Business Income Litigation
- Bill to Create Statutory Presumption of Direct Physical Loss for COVID-19 Business Income Claims Dies in California Legislature
- Bullivant Houser Bailey Washington Attorneys Selected to Washington Super Lawyers 2020
- California Legislators Attempt to Create Business Income Coverage for COVID-19 by Reversing Burdens of Proof
- New Washington Regulation Impacting an Insurer’s “Adverse Notification”
- California Court Revisits “Genuine Issue Doctrine” Applicability to Consultant Opinions
- Limitations in Federal Court on Damages for Claims Involving Cannabis
- California Insurance Commissioner Issues Direction to Insurers Handling Business Income Claims
- California Supreme Court Adopts Vertical Exhaustion
- The Math Just Got More Complicated
- Guadagno Elected to Bullivant Houser Compensation Committee
- California’s New Year’s Resolution: Let’s Make Discovery More Expensive
- The Only Constant is Change: New California Insurance Laws for 2020
- A Trauma-Informed Approach to Legal Representation of Human Trafficking Survivors
- Bullivant Shareholder Selected for Fellowship in the American College of Coverage Counsel
- Washington Supreme Court Protects Individual Adjusters from Bad Faith Liability
- California Supreme Court Adopts Vertical Exhaustion
- A Deal Is Not A Deal: California Court Uses Uniform Voidable Transactions Act to Invalidate Policyholder Release of Bad Faith Claim
- Summary Judgment Affirmed by Oregon Court of Appeals on Employee Dishonesty Policy
- Bullivant Houser Bailey Oregon Attorneys Selected to Oregon Super Lawyers 2019
- Bullivant Houser Bailey PC Announces New Practice Group Leader for the Insurance Law Group
- Perrin Conferences’ Insurance Coverage & Allocation Issues Conference
- Insuralex chooses Bullivant Houser Bailey PC as its exclusive member in California
- When Disaster Strikes: Coverage for Natural Disasters
- Bullivant Highly Recommended as a Leading Firm in Chambers USA 2019 Survey
- Washington Federal Court Upholds Validity of Washington Defense Cost Endorsement Allowing Insurer to Obtain Reimbursement of Defense Costs for Uncovered Claims
- Matt Sekits Named to Bullivant Board of Directors
- Proposed Oregon Insurance “Bad Faith” Legislation
- California Court Permits Policyholder to Sue Insurer’s Coverage Counsel for Invasion of Privacy
- Nevada Supreme Court Leaves Coal in Insurers’ Holiday Stockings
- California Court Expands CGL Definition of Loss of Use Property Damage
- New California Laws Affecting Property Insurance Claims
- Why Insurers and Coverage Lawyers Need to Care About Dynamex
- Take It Personally: Washington Imposes Extracontractual Liability on Claims Handlers
- California Legislators React to Wildfire Claims
- Follow the Rules If You Want to Cancel a Policy in Nevada
- Excess Policies Can’t Be Stacked Selectively
- Supreme Court Limits Jurisdiction for Claims by Non-Resident Plaintiffs
- Ninth Circuit to Oregon: A Liability Policy’s Known Loss Provision Does Not Bar Coverage for Damage that Occurs After Negligent Repair
- Another Step Towards the Policyholder: California Supreme Court Revives Effort to Regulate Replacement Cost Underwriting
- Idaho Supreme Court Ushers In “Profound” Change to Idaho Law
- Lawyers, Guns & Money: California Supreme Court Introduces More Subjectivity into Attorney-Client Privilege Determinations
- Avoiding the Casserole Theory of Insurance Coverage
- Back to the Future for California Jurisprudence
- Idaho Supreme Court Rules Anti-Stacking Clause is Ambiguous
- California Breathes New Life Into the Genuine Issue Defense in Bad Faith Litigation
- No Duty to Defend for Trespass Claim
- Analyzing an Insured’s “Reasonable Expectation of Coverage”
- No Insurance Coverage for Injuries at House Party
- Oregon Bad Faith Bill Dies on the Vine
- Hemingway, the Oregon Supreme Court, and What Is Right until It Is Wrong
- Nevada Adopts Cumis Independent Counsel Rule; Holds Reservation of Rights Is Not a Per Se Conflict
- California Supreme Court Finds Liability Policies Are Assignable in Some Circumstances
- Washington Supreme Court Defines “Collapse” to Include “Substantial Impairment of Structural Integrity”
- Proposed Oregon Insurance “Bad Faith” Legislation is Dead!
- Insurer Owes Duty to Defend Claim of Intentional Infliction of Emotional Distress, Says the Idaho Federal District Court
- Washington Court Holds Covenant Judgment Sets a Floor, Not a Ceiling, on Damages
- California Court of Appeal Allows Insured to Sue Adjuster Personally for Negligent Misrepresentation and Intentional Infliction of Emotional Distress
- California Clarifies Scope of Reasonable Expectations for Additional Insureds
- New Nevada Statute May Affect Enforceability of Appraisal Clause in Property Insurance Policies
- Washington Court of Appeals Clarifies an Insurer’s Subrogation Rights
- The Use of Fringe Science in Washington State Collapses for Policyholder Allegations of “Collapse”
- Back on the Menu in California Bad Faith Litigation: Unfair Competition Claims
- Consequences for Breach of the Duty to Cooperate
- “Don’t Leave Home Without It”—Supreme Court Allows Class Action Waivers in Arbitration Agreements
- Failure to Warn: Medical Payment Provision can be a Trap for the Unwary
- How To Make Rain Disappear
- Idaho Supreme Court Holds There Is Coverage for Attorney’s Fees Even Though There Are No Covered Damages
- Attorney-Client Privilege Analyzed by Idaho Federal Court in Insurance Company’s Bad Faith Case
- Idaho High Court Calls Third Strike on “Baseball Rule”
- Washington Supreme Court Announces New Presumption of No Attorney-Client Privilege for First-Party Insurers
- New Federal Court Decision Protects Insurer’s Decision Not To Continue Defending Policyholder During Appeal
- In Washington, Binding Arbitration Clauses in Insurance Contracts are No Longer Enforceable
- California Enforces Law or Ordinance Exclusion in Property Policy
- Staples v. Allstate: “Substantially Complying” with an EUO Requirement Without Complying at All
- Three Lessons from Bad Faith Appeal Awarding Insurer Its Attorney’s Fees
- CGL Firearms Exclusion Precludes Coverage for Negligence Claims
- California Supreme Court’s Holiday Gift to Recreational Activity Operators: Expansion of “Primary Assumption of the Risk” Defense
- Insurer May Owe Duty to Defend Where Date of Property Damage is Not Specified in Underlying Complaint
- Insured’s Allegations In Suit Against Contractors Deemed Admissions Precluding First-Party Coverage
- Washington High Court Limits Insurers’ Jury Trial Rights
- California Court Rejects Declination Regardless of Insured’s Breach of Proof of Loss and Notice Requirements
- California Adopts “All-Sums-With-Stacking” Doctrine for Continuous and Progressive Property Damage Liability Claims
- Nevada Supreme Court Rejects Use of Constructive Notice for Claims Made and Reported Policy
- Washington Supreme Court Addresses “Ensuing Loss” Provisions, the “Efficient Proximate Cause” Rule, and the Definition of “Collapse”
- Sometimes the Good Guys Win: Collusive Settlements and Fraudulently Induced “Judgments” Don’t Break Policy Limits
- Bullivant Secures Jury Verdict, Court Awards Judgment Under Counterclaim for First-Party Insurance Fraud
- Insurers Not Liable Under ORS 742.061 For Attorney Fees Awarded Against Non-Settling Co-Insurers
- California Court Applies MacKinnon In Property Insurance Dispute, Finds Pollution Exclusion Applies
- Nevada Adopts Notice-Prejudice Doctrine
- In Nevada, Liability Insurer Cannot Exhaust Policy Before Judgment by Interpleading Funds
- California Court Upholds Attorney-Client Privilege and Work Product Protection
- Nevada Supreme Court Finds An Earth Movement Exclusion Ambiguous
- Fire Insurance Policy Language Intended to Eliminate Innocent Coinsured Recovery is Unenforceable in California
- Theft of Money is not “Loss of Use” Under a Commercial General Liability Policy
- California Supreme Court Steps Away from Foster-Gardner Doctrine
- “Collapse” Coverage Ensues from Excluded Perils
- Fair Market Value Includes Sales Tax; Washington Supreme Court Reverses Holden
- First-Party Insured’s Bad Faith Allegations Not Sufficient to Defeat Insurer’s Attorney-Client Privilege
- Nevada Supreme Court Affirms Award Of “Non-Case Concluding” Sanctions For Party’s Violation of Discovery Orders
- California Courts Issue Two Significant Coverage Decisions
- Arbitration: Good Decision or Bad, You Get What You Bargained For
- Managing the Case of a Lifetime: How to Survive and Prosper Without Imperiling Your Sanity, Personal and Client Relationships, and the Self-Insured Retention on Your E&O Policy
- Business Income Coverage Shocker
- Bad Faith Expanded: An Insurer Cannot Deny the Duty to Defend in an Arguable Case, Even if Reasonably Justified
- “Equitable Contribution” Must be Fair
- Brain Over Brawn
- Coverage Case Creates Easement Lesson for Landowners and Insureds
- An Honest Mistake Over the Use of an Easement is Not an Accident and Therefore Not a Covered Loss
- Washington Supreme Court Issues Not-So-Gentle Reminder ($8,000,000) About Importance of Diligence in Discovery
- California Court Clarifies Disclosure and Disqualification Rules For Appraisers
- Seattle Court Denies $13 Million “Collapse” Claim
- Prior Publication Exclusion Applies to Trademark Infringement Claims
- Insured v. Insured Exclusion in D&O Policy Explored by Ninth Circuit
- Effective Immediately: California Enacts E-Discovery Law
- California Court of Appeal reverses trial court’s award of monetary sanctions against a nonparty insurer for failure to negotiate in good faith at a mandatory settlement conference
- Pollution exclusions after MacKinnon
- Is the glass half full or half empty? California Court of Appeal revisits emotional distress claims, attorneys fees, and punitive damages in insurance “bad faith” cases
- Court limits scope of professional services exclusion
- Liability insureds may sue for bad faith in the absence of coverage, but must prove actual harm
- California court finds insurer temporarily estopped from relying on contracting clause in RCV policy
- Court adopts narrow definition of “Negligent Publication”
- Swimming pool injury claim sends California Court off the coverage deep end
- Bullivant prevails in rare case upholding terminating sanctions
- California Court Protects Insurers’ Rights To Contest Coverage After Appraisal
- “IFCA only applies prospectively,” says the U.S. District Court for the Western District of Washington
- Supplementary Payments provision does not cover reasonable attorney fees
- California court reaffirms no coverage for sexual assault
- Responsibilities imposed by the federal maritime doctrine of uberrimae fidei
- Court finds no duty to defend defamation claim
- What’s all the stink about? No liability coverage for bad odors in California.
- Supreme Court decides questions of first impression in FCRA class action cases
- Delgado v. ACSC: Bad Faith and the Duty to Defend
- Jordan II: Bad Faith and the Duty to Investigate
- Bernstein v. Travelers: Discovery of Property Loss Reserves
- California Court of Appeal Rules in Favor of Property Insurer on Case Involving Reformation, Scope of Agent Authority, Doctrine of Non-Reversible Error
- California Supreme Court declines to limit “under construction” exception to vacancy exclusion to new construction
- California court vacates appraisal award, finding insured did not agree that appraisers would decide causation issues
- Nevada Supreme Court enforces unambiguous policy exclusions regardless of causal connection to the loss
- Enforcing exclusions and limitations before the policy is issued
- California court rejects cause of action for “negligent investigation”
- Supreme Court affirms Walsh Construction v. Mutual of Enumclaw: additional insured endorsements required by construction contracts are void for now
- Courts crack down on policyholders’ business interruption experts
- The scope of “arising out of” and abuse exclusions
- Business interruption: the saga continues
- Category: Intellectual Property
- Category: Medical Malpractice
- Category: Personal & Catastrophic Injury Litigation
- Category: Product Liability
- Category: Professional Liability
- Category: Real Estate & Land Use
- Category: Securities Litigation
- Category: Transportation
- Category: Trusts and Estate Litigation
- Category: Uncategorized
- On Community Service and Civic Engagement: A Message from President Loren Podwill
- Mitchson, Hill, Kiess, Ryan, Butler, and McLean Elected as Bullivant Houser Shareholders
- Bullivant Among the Greatest Places to Work in Oregon and SW Washington, Makes The Oregonian’s List of Top Workplaces 2022
- Bullivant Houser Launches New Website
- Bullivant Houser has been named a Top Workplace in The Oregonian Top Workplaces
- Andy Downs will Serve a Second Term on ACCC Board of Regents
- Bullivant Highly Recommended as a Leading Firm in Chambers USA 2021 Survey
- Jeanne Loftis has been appointed as Chair of the National Membership Committee for ADTA
- Return to School Brings New Allegations and Lawsuits Over Bullying, Cyberbullying, Harassment, and Hazing
- Member Spotlight: Doug Houser
- Optimizing Your Use of Local Counsel
- Washington Enacts New Law Expanding the Scope of Wrongful Death Beneficiaries
- Networking Not Working? 5 Common Mistakes New Attorneys Make and How to Fix Them
- Social Media, Debt, and Exclamation Points: Millennials in the Legal Profession
- Genetic Testing Company Escapes Class Action Privacy Suit
- Matt Wojcik Scores Some Wins for Bullivant’s Casualty Litigation Clients
- Andy Downs Comments on Bristol-Myers Squibb v. Superior Court of California SCOTUS Decision
- Bullivant Attorney Obtains Summary Judgment in $10.5 Million Asbestos Litigation Claim against Building Materials Distributor
- Employers Should Avoid One-Size-Fits-All Noncompetition Agreements
- Bullivant Attorney, Team of Co-Counsel Get $3.6 Million Verdict Set Aside, New Trial Ordered
- Bullivant Attorneys Secure Defense Verdict in a First-Party Property Claim Case
- Doug Houser Retires from Nike’s Board, Tells a Fateful Creation Story
- Helping Our Community Prosper through SummerWorks
- Michael Guadagno Serves as Coach and Mentor for Middle School Mock Trial
- How to Settle Purchase and Sale Disputes
- Water Park Gets No Insurance Recovery after Jury Returns Unanimous Verdict in Idaho Federal Court Case
- Bullivant Attorneys Secure Unanimous Jury Verdict in Vacancy Clause Case
- Loren Podwill Featured Among Portland’s Top Law Firm Executives
- Ninth Circuit Affirms Dismissal of Breach of Contract, Washington Consumer Protection Act and Insurance Fair Conduct Act Claims Against Boiler & Machinery Insurer.
- Is your business CAN-SPAM compliant?
- Urgent attention required: IRS qualified plan determination program deadline approaching
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