United States District Court for the Western District of Washington

The United States District Court for the Western District of Washington, applying Washington law, has held that an insured’s late notice of a claim bars coverage, rejecting arguments that (i) coverage applied because the prior and pending litigation provision did not exclude coverage, (ii) the insurer could not relate a claim back to a prior claim to bar coverage, and (iii) the notice-prejudice rule applied. Faithlife Corp. v. Phila. Indem. Ins. Co., 2020 WL 7385722 (W.D. Wash. Dec. 16, 2020).
Continue Reading No Coverage for Employment Lawsuit Where Insured Failed to Notice Earlier EEOC Charges

The United States District Court for the Western District of Washington, applying Washington law, has held that insurers did not breach their duty to defend where they refused to provide a defense for an insured’s husband and marital community.  Staheli v. Chicago Ins. Co., 2016 WL 2930444 (W.D. Wash. May 19, 2016).  The court also held that the insurers could not be liable for bad faith or for violations of the Insurer Fair Conduct Act or Consumer Protection Act.
Continue Reading Insurer Did Not Breach Duty to Defend Where it Refused to Defend Insured’s Husband and Marital Community