Summary

• Jurisdiction: Washington

Chapter Details

Summary

§17.1	Introduction
(1) Types of Claims (a) Property Damage Claims (b) Bodily Injury Claims (2) Types of Insurance Policies Potentially Implicated (a) General Liability Policies (b) First-Party Property Policies (c) Environmental Impairment/Pollution Legal Liability Policies
§17.2	Washington State Insurance Commissioner Regulations Governing Environmental Claims Handling
(1) Stated Purpose and Scope (2) Procedures Governing Lost-Policy Disputes (a) The Regulations (b) The Case Law (3) Unfair Environmental Claims Settlement Practices (4) Environmental Claims Mediation Program (5) Records Retention
§17.3	Reservations of Rights and Nonwaiver Agreements
(1) When Is a Reservation of Rights Necessary? (2) The Insurer's Duties Under a Reservation of Rights Defense (3) The Reservation of Rights Defense-Potential Conflict of Interest and the Enhanced Obligations of Insurers and Defense Counsel (4) The Reservation of Rights Defense-Avoiding Waiver and Estoppel (a) Reservation of Rights Letter Must Be Timely (b) Reservation of Rights Letter Must Be Sufficiently Specific (5) Contents of the Reservation of Rights Letter
§17.4	Principles of Insurance Contract Interpretation and Construction
§17.5	Preliminary Issues in Environmental Coverage Litigation
(1) Choice of Law (2) Justiciability (3) Successor Rights To Insurance Policies Despite "No Assignment" Clauses
§17.6	Duty to Defend
(1) Trigger of Defense Obligation (2) Existence of Duty to Pay Pre-Tender Defense Costs (3) What Are the Potentially Covered Costs? (a) Early Case Law (b) Regulation (c) Post-Regulation Case Law
§17.7	Duty to Indemnify
(1) Misrepresentations at the Time of Contracting (2) Satisfaction of Policy Conditions (a) Timely Notice (b) Cooperation (c) No Voluntary Payments (d) "No Action" Clause (e) Maintenance of Underlying Insurance (3) CERCLA Response Costs "as Damages" Under CGL Policies (4) Remediation vs. Prevention (5) Costs Incurred in Complying With Regulatory Standards (6) No Third-Party Claim (7) Allocation of Indemnity Obligation (8) Excess Coverage-Exhaustion and Drop Down (9) Setoff for Settlement Proceeds Previously Received From Settling Insurers (10) Rights of Contribution Between Insurers and Claim Bar Orders (a)

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