Serving Eastern Washington and Idaho since 1959

Articles of Interest

IDAHO SUPREME COURT OVERRULES EMERY – ATTORNEYS FEES NO LONGER AWARDED IN INSURANCE ARBRITRATION PROCEEDINGS

On February 1, 2010, the Idaho Supreme Court overruled a twenty year precedent interpreting IC 41-1839 (which mandates awards of attorneys fees in “civil actions” involving insurance coverage matters) to require an award of attorneys fees to successful insureds in arbitration proceedings against their insurers, even if the policy was silent on such awards.
In Grease [...]

Bankruptcies soaring across Washington State

Noel Pitner, an attorney with the firm was interviewed recently by KXLY TV 11 o’clock news about the soaring rate of bankruptcies in Washington State and across the nation.  Noel’s bankruptcy client gave a human face to the real-world problems facing many middle class families.  View the full article for the video.

Marla Carey Hoskins Expands Practice To Include Family Law Mediation

Marla Carey Hoskins has been practicing in the area of family law for 12 years. She also serves as a Commissioner Pro Tem for Spokane County Superior Court. She has represented numerous clients in mediations as well as having acted as a mediator when serving as a Commissioner Pro Tem on the parenting conference docket. Marla received [...]

WASHINGTON SUPREME COURT EXPANDS WRONGFUL DEATH ACTION BENEFICIARIES

On September 10, 2009, the Washington Supreme Court handed down the case of Armantrout v. Carlson. In that case, the Supreme Court clarified/expanded the class of beneficiaries who can bring a wrongful death action for the death of an adult child.
Pursuant to RCW 4.20.020, two “tiers” of beneficiaries are established in a wrongful death [...]

Federal and State Governments Pass Laws to Protect Renters of Foreclosed Properties

On May 20, 2009, President Obama signed into federal law a bill containing provisions protecting tenants living in foreclosed buildings. (The Protecting Tenants in Foreclosure Act is Title VII of Public Law 111-22). Specifically, the new law requires if a home/building that is currently occupied by renters goes into foreclosure and is subsequently purchased by [...]

Unsatisfactory Settlement Offers Top Reason why Individuals File Complaints Against their Insurance Companies.

According to a report recently released by the Washington Insurance Commissioner’s Office, unsatisfactory settlement offers were the top reason Washington residents filed complaints against their insurance companies in 2008. Other top reasons included denial of claims and delays in processing claims. Additionally, the report noted that the Insurance Commissioner’s Office received some 5,341 complaints in [...]

The Washington Consumer Protection Act is Amended

The Governor recently signed ESSB 5531, which will amend the Washington Consumer Protection Act (CPA). Effective July 26, 2009, the courts will have the discretion to award treble damages up to $25,000 for consumer law violations. In addition, ESSB 5531 modifies the test set forth in Hangman Ridge v. Safeco Title Ins. Co., making it [...]

The Insurance Fair Conduct Act puts a new spin on bad faith claims against an insurance company and highlights a simple truth: the practice of law requires innovation.

On December 6, 2007, the Insurance Fair Conduct Act became effective as Washington law. The Insurance Fair Conduct Act provides that a policyholder has a claim against his or her insurance company if the policyholder is “unreasonably denied a claim for coverage or payment of benefits.” RCW 48.30.015. If the policyholder is successful, then they [...]

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