Barker Martin

Condo-HOA Blog - Language

Court Affirms "Discovery Rule" in First-Party Insurance Claim

We have been writing quite a bit over the last couple of years about the evolving legal landscape of first-party insurance claims in the Pacific Northwest. As more community associations that are otherwise outside of the window to bring construction defect claims for property damage instead bring claims under their own historical insurance policies, courts are getting more of an opportunity to address key issues. read more

When Cooperation Becomes Evisceration

Most insurance policies contain some form of "cooperation" provision. These provisions exist in both first-party insurance policies (e.g. property policies) and third-party policies (liability policies). When an insured files a first-party claim or tenders a third-party liability claim to its insurance company, the insurance company will often ask for the insured to "cooperate." Generally speaking, the insured must acquiesce to the reasonable requests for cooperation from the insurance company. That being said, there are situations where the insured should tread lightly. read more

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