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Ninth Circuit Affirms Dismissal of Breach of Contract, Washington Consumer Protection Act and Insurance Fair Conduct Act Claims Against Boiler & Machinery Insurer.

By Stuart D. Jones , Shareholder, Bullivant Houser Bailey PC. On September 2, 2011, the 9 th Circuit Court of Appeals issued a memorandum opinion in Cowiche Growers, Inc. v. Continental Casualty Company , U.S. Court of Appeals No. 10-36072 (9 th Cir., Sept. 2, 2011) that affirmed a summary judgment...

Ensuing Loss Provisions, Efficient Proximate Cause Rule, and Definition of Collapse Addressed by WA Supreme Court

By Jerret E. Sale , Daniel R. Bentson On May 17, 2012, the Washington Supreme Court issued two new opinions addressing "ensuing loss" provisions (also known as "resulting loss" provisions), the "efficient proximate cause" rule, and the definition of "collapse"...