Handling insurance defense cases creates an opportunity to regularly read insurance policies. It is not an easy task. They are long, complicated and sometimes confusing. Unfortunately, reading through your own policies is a necessary, albeit unappealing, task.
Insurance policies are like emergency savings accounts set aside to cover the unexpected. Insureds pay premiums and then insurers (the insurance companies) have money set aside in case something bad happens (e.g. there’s a car accident, a patient files a complaint, something is stolen, etc.). They can be… Continue reading
The Family Car Doctrine and Parents’ Potential Liability for the Conduct of Their Child, Even an Adult Child:
In Washington, a parent can be held liable for injury or damages caused by a family member driver (even an adult child) if:
- The vehicle is owned, provided or maintained by the parent;
- The vehicle is generally used for pleasure and convenience of family members;
- A family member was driving the car at the time of the accident; and
- The vehicle was used with the express or implied permission of the parent.
Courts will consider a few factors in assessing whether a parent is the… Continue reading
Who Can (potentially) Recover Damages Pursuant to Washington’s Wrongful Death and Survival Statutes?
The Washington wrongful death statute, RCW 4.20.010, provides that when the death of a person is caused by the wrongful act of another, the personal representative may maintain an action for damages against the person causing the death. “The measure of damages is the actual pecuniary loss suffered by the surviving beneficiaries from the death of their relative, including loss of services, love, affection, care, companionship, and consortium.” Ginochio v. Hesston Corp., 46 Wash.App. 843, 846, 733 P.2d 551 (1987).
The wrongful… Continue reading