Not So Fast
The propulsion issue of this magazine is a good place to examine the law pertaining to vessel speed. A vessel's speed may be governed by federal, state and/or local law depending on where the vessel is being operated. This article…
Idaho Supreme Court Holds There Is Coverage for Attorney’s Fees Even Though There Are No Covered Damages
Last week, the Idaho Supreme Court held that Employers Mutual Casualty Company is required to cover attorney's fees awarded against a builder that it defended against faulty workmanship claims, even though the court found the insurer had no duty to…
Portland Mandates Paid Sick Leave to “Promote a Vibrant, Productive and Resilient City”
The West Coast is pioneering a national trend to require that employers provide sick leave to employees. Portland recently joined Seattle and San Francisco in passing a mandatory sick leave requirement, applicable to all eligible employees working in Portland. It…
Attorney-Client Privilege Analyzed by Idaho Federal Court in Insurance Company’s Bad Faith Case
In an opinion issued April 3, 2013, the Idaho federal district court held that when an attorney participates in the investigation of a claim and provides coverage advice, the facts gathered by the attorney may be discoverable in a bad…
Idaho High Court Calls Third Strike on “Baseball Rule”
With baseball Opening Day less than a week away, the Idaho Supreme Court threw a curveball to stadium operators. While the opinion will not likely affect your plans to attend a Major League Baseball game in Boise any time soon, it…
Washington Supreme Court Announces New Presumption of No Attorney-Client Privilege for First-Party Insurers
In Washington bad faith actions, first-party insurers now face a presumption that the attorney-client privilege does not apply. In Cedell v. Farmers Ins. Co. of Wash., 2013 WL 633128 (Wash. Feb. 21, 2013), a fire damaged the policyholder's home. The policyholder, Cedell, was…
A Vessel Defined
Everyone in the maritime industry knows what a vessel is. Or, maybe not. Recently, the United States Supreme Court provided some guidance on what is a vessel and what is not a vessel. The Statutory Definition of "Vessel" Federal statutory…
New Federal Court Decision Protects Insurer’s Decision Not To Continue Defending Policyholder During Appeal
What is an insurer to do when it obtains a declaratory judgment that it has no duty to defend, but the policyholder then appeals? Must the insurer continue to defend while the appeal is pending, or else risk a reversal that…
In Washington, Binding Arbitration Clauses in Insurance Contracts are No Longer Enforceable
The Washington Supreme Court recently interpreted a state statute to prohibit binding arbitration clauses in insurance policies. In State of Wash. Dep't of Transp. v. James River Ins. Co., No. 87644-4 (Wash. Jan. 17, 2013), the contractor on a state highway…
Weighing the Options of the Affordable Care Act
Effective Jan. 1, 2014, the Affordable Care Act (ACA) requires that all American citizens and legal residents purchase qualified health insurance either individually or through their employer. In this article, Bullivant employment and employee benefits attorney Katherine Somervell discusses the key factors…