The Record-Setting Summer 2009 issue of the Washington Insurance Law Letter is available.

Issue #2 of "Gray Matter Matters" by Anamaria Gil is now available. Gray Matter Matters is a review of case law and current events for lawyers and insurers relevant to brain injury litigation.

Marilee Erickson persuaded a Kitsap County jury to return a defense verdict in a premises liability case. Plaintiff was struck by a motorist while in the crosswalk in front of the defendant store. Plaintiff claimed a store display rack on the sidewalk caused the accident. The jury concluded the plaintiff pedestrian and the motorist caused the accident.

Michael Budelsky and Marilee Erickson convinced the court to vacate a default judgment and sizeable award entered against their client who was never aware of the lawsuit. They successfully argued that the method of attempting to serve notice of the lawsuit on their client -- by publishing it in a local paper -- was insufficient.

Marilee Erickson convinced Division III to grant her motion to publish American Commerce Insurance v. Ensley. This was a case dealing with the RCW 48.22.030(4) requirement of a written waiver of UIM coverage. Division III affirmed the trial court's summary judgment for the insurers because the insured had waived UIM coverage.

Michael Howard was able to effectuate a very favorable settlement on behalf of a defendant client in a personal injury lawsuit. When Michael's investigation uncovered the claimant was not being wholly candid with her doctors, she settled for a fraction of her demand.

Pam Okano will be giving the court of appeals insurance law update at the annual Washington State Association of Justice Insurance Seminar in Spokane and Tacoma in January 2010.

Mike Rogers and Pam Okano obtained a summary judgment on behalf of their insurance company client in a declaratory judgment action. The court concluded that the insurer had no duty to defend policyholders who were sued after they cut down their neighbors' trees. The court ruled that cutting down the trees was no accident.

William Hickman was a key note speaker at the Washington School Personnel Association and Washington Schools Risk Management Pool 2nd Annual School Law Conference October 26 & 27, 2009 at The Westin Hotel Seattle, WA. His presentation was entitled "SCHOOL DAZE: THE NEW GOLDEN RULE" He reviewed significant court cases affecting education with special emphasis on 2009 and Washington State.

Pam Okano and Jack Rankin persuaded the court of appeals that a broadly written indemnity agreement was not specific enough. The court said the agreement would not be construed to indemnify an at fault bus company against losses resulting from its own negligence unless this intent was crystal clear. It wasn’t. The opinion contains a comprehensive historical review of the law of indemnity agreements in Washington.

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