Monthly Archives: November 2010

Rethinking Economic Loss: Washington Supreme Court Introduces the “Independent Duty Doctrine”

In a November 2010 decision, the Washington Supreme Court replaced the longstanding “economic loss rule” with a what it has termed the “independent duty doctrine.” The case, Affiliated FM Ins. Co. v. LTK Consulting Services, Inc. , stemmed from a

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Insured’s Settlement Submarines Subrogation

In a decision consistent with other jurisdictions, the Washington State Court of Appeals held that if an insurer denies coverage and its insured settles with the tortfeasor, the insurer’s subrogation rights can be terminated by that settlement. Further, the settlement does not

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Natural Gas Risers -Often Overlooked as a Potential Fire Cause

Most commercial and residential properties using natural gas have gas riser pipes which connect the primary distribution service line to the natural gas meter. Although the gas riser connects the utility’s distribution line to the utility’s meter, these risers are typically

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