Posted Monday, August 27, 2018 by Pivotal Law Group
Computer crime and data breaches have become a reality for most businesses. Words like spearphshing or ransomware that were obscure five years ago are now in the headlines on a regular basis. The FBI calculated over $1.4 billion in reported losses from…
Posted Thursday, August 16, 2018 by Pivotal Law Group
When a driver crashes into another vehicle and is sued for damages, the driver's insurer typically has an obligation to defend the lawsuit and act in good faith to protect its insured's interests. When the insurer fails to do so, the driver likely has…
Posted Wednesday, July 18, 2018 by Christopher L. Thayer
In Washington, civil cases involving claims less than $50,000, which are filed in Superior Court, are referred into the court-sponsored “mandatory” arbitration program. Under this process, an attorney with at least five years of experience is appointed…
Posted Wednesday, July 11, 2018 by Pivotal Law Group
Washington's insurance commissioner recently announced a $100,000 fine in response to a consumer complaint that Kaiser Foundation Health Plan, an HMO, ignored consumers' rights in the health claims appeal process. The commissioner found that Kaiser…
Posted Friday, July 6, 2018 by Christopher L. Thayer
In a December 2017 decision, the Washington State Court of Appeals, Division III, addressed a slip and fall personal injury claim where claimant fell in the shampoo aisle of a Walmart in Sunnyside. In McPherson v. Wal-Mart Stores, Inc., No. 34696-0-III…
Posted Thursday, June 28, 2018 by Pivotal Law Group
Great Danes might be the best dogs - they're calm, require relatively little exercise and space, and are super affectionate towards their human family. Unlike a lot of needier breeds who need constant activity, Danes reputedly just want to chill with you…
Posted Wednesday, June 20, 2018 by Pivotal Law Group
More than ever, technology is fundamental to our lives. In 2018, even hardened luddites maintain email, social media, and/or cloud-storage accounts, or store considerable information on their smartphones. Maintaining digital information electronically…
Posted Thursday, June 14, 2018 by Pivotal Law Group
Among the challenges of a mental health condition is the difficulty persuading health insurers to cover treatment. Mental health conditions can be difficult to objectively diagnose and can require lengthy and expensive treatment often with little…
Posted Tuesday, June 12, 2018 by Pivotal Law Group
How Long Do I Have To Dispute An Insurance Claim?* If your insurer denies your claim or takes some action with which you disagree, how long do you have to dispute the insurer’s decision? For example, if your health insurer refuses to authorize surgery…
Posted Tuesday, June 12, 2018 by Pivotal Law Group
On June 7, 2018, the Washington Supreme Court, in Durant v. State Farm, ruled insurers may not limit payments to policyholders under auto insurance Personal Injury Protection (“PIP”) to only treatment needed for the insured to reach “maximum medical…
Posted Tuesday, May 22, 2018 by Pivotal Law Group
Shannon Leahy found herself in a common situation when dealing with her auto insurer following a car crash. Her insurer agreed she was not at fault, but refused to pay her claim, arguing her medical treatment was unrelated to the crash. Ms. Leahy’s…
Posted Wednesday, May 16, 2018 by Christopher L. Thayer
In Lockner v. Pierce County (No. 94643-4, April 19, 2018), the Washington Supreme Court recently revisited Washington’s Recreational Use Immunity Act and clarified its application. RCW 4.24.210 provides protection for owners of recreational property…
Posted Wednesday, May 9, 2018 by Pivotal Law Group
Self-driving vehicles are already on roads in several cities and are predicted to become normal in the next few decades. How will your insurance cover you if you’re the operator of a self-driving car? If someone else’s self-driving car injures you or…
Posted Thursday, May 3, 2018 by Pivotal Law Group
The May edition of the King County Bar Association's Bar Bulletin features an artile by Pivotal attorney McKean Evans. McKean discusses the Washington Court of Appeals' recent decision expanding insurance bad faith claims against individual adjusters and…
Posted Wednesday, May 2, 2018 by Pivotal Law Group
In its April 23, 2018 decision in Williams v. Foremost Insurance Co., 2:17-CV-1113-RSM, 2018 WL 1907523 (W.D. Wash. Apr. 23, 2018), the U.S. District Court for the Western District of Washington analyzed and rejected a frequent argument insurers make in…
Posted Thursday, April 26, 2018 by Christopher L. Thayer
In Sluys v. City of Seattle et al**, No. 76131-5-1 (April 9, 2018), in an unpublished decision the Court of Appeals, Division 1, recently ruled the City of Seattle was potentially liable for injuries suffered by a pedestrian who slipped and fell on a…
Posted Tuesday, April 17, 2018 by Pivotal Law Group
The Ninth Circuit’s recent ruling in Elhouty v. Lincoln Benefit Life, Case No. 15-16740 (March 27, 2018) is notable for two reasons. It illustrates the pitfalls of certain life insurance policies that supposedly pay for themselves, and it clarifies the…
Posted Wednesday, April 11, 2018 by Pivotal Law Group
For insureds, ERISA (which governs most employer-sponsored insurance) has a serious downside. Insureds and plan participants who dispute the company’s denial of their claims for coverage or benefits must submit to ERISA’s administrative appeal process…
Posted Wednesday, April 4, 2018 by Pivotal Law Group
On March 26, 2018, the Court of Appeals (Division One) issued an important published ruling upholding claims against an individual insurance adjuster for insurance bad faith and violations of the Consumer Protection Act (Ch. 19.86 RCW). In Keodalah v…
Posted Friday, March 30, 2018 by Pivotal Law Group
This morning, attorney McKean Evans spoke regarding Washington’s newly-revised Uniform Power of Attorney Act at a Continuing Legal Education seminar hosted by the King County Bar Association…