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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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OREGON COURT FINDS THAT A PHD IS NO DEFENSE FOR NEGLIGENT HOME DESIGN

The Oregon Court of Appeals once again affirmed the viability of negligent construction claims while delivering another blow to the Economic Loss Doctrine.  In Cowan v. Nordyke, 232 Or.App. 384 (2009), plaintiff purchased a home from a Professional Home Designer (PHD).* 

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