Insurer May Not Sue the Insured’s Attorney for Malpractice

A common issue in insurance coverage matters is the nature of the relationship between the attorney hired to represent the insured and the insurer who pays for the attorneys’ services.  A recent case decided by the Supreme Court of Washington held that an insurer who hires an attorney for their insured cannot later sue that attorney for malpractice. In Stewart … Continue reading »

Insurance Coverage: Stigma Damages vs. Diminished Value Damages

A recent Washington appellate case clarified the distinction between “stigma damages” and “diminished value damages” to a vehicle involved in a collision and addressed whether their recovery may be excluded from an automobile insurance policy.  In Ibrahim v. AIU Ins. Co., 177 Wn.App. 504, 312 P.3d 998 (2013), an insured’s vehicle was damaged by an at-fault driver, and the insured … Continue reading »

Pre-Injury Release and Waiver Provisions

Recreational sports, such as skiing, scuba diving and basketball can be a lot of fun but are not without their injury risks. Businesses involved in such sports can limit their liability by having participants sign a waiver, but should be aware that not all waivers are enforceable. In Washington, a waiver provision is enforceable unless: (1) the negligent act falls greatly … Continue reading »

Washington’s Recreational Use Immunity Statute Can Provide Liability Protection to Land Owners

Some of the many great things about life in Washington State are its spectacular mountains, expansive forests, abundant lakes and the recreational activities they afford. In recognition of Washingtonian’s enthusiasm for outdoor life, the Washington State Legislature enacted the recreational use immunity statute, RCW 4.24.210, so that landowners may open their lands for recreational use and be immunized from liability … Continue reading »

Is Your Unpaid Intern an Indentured Servant?

The use of unpaid internships to provide “real world” work experience has grown tremendously in recent years. For example, a recent study by the National Association of Colleges and Employers found that 55 percent of students in the class of 2012 had an internship or co-op at some point during college. Approximately half of those internships were unpaid. While an … Continue reading »

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