justified action claim (Washington) · Go Syfert
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justified action claim in Washington

17 Washington opinions name it 2 courts 1994–2024 2 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Olympic Steamship Co., Inc. v. Centennial Ins. Co.green
wash · 1991 · cited in 14 Washington opinions naming this issue, 1995–2024
2 sentences

2024Also, an insured party has the right to recover its attorney fees when an insurer “refuses to defend or pay the justified action or claim of the insured.” Id.

2024Where the duty to defend is at issue, an insured has the right “to recoup attorney fees that it incurs because an insurer refuses to defend or pay the justified action or claim of the insured, regardless of whether a lawsuit is filed against the insured.” Olympic S.S., 117 Wn.2d at 52 .

114
Hayseeds, Inc. v. State Farm Fire & Cas.green
wva · 1986 · cited in 4 Washington opinions naming this issue, 1994–2007
2 sentences

2007This, we said, "makes the insurance contract substantially different from other commercial contracts." Id. (citing Hayseeds, Inc. v. State Farm Fire & Cas., 177 W.Va. 323 , 352 S.E.2d 73, 77 (1986)). ¶ 33 The majority extends the Olympic Steamship reasoning to performance bonds.

2007This, we said, “makes the insurance contract substantially different from other commercial contracts.” Id. (citing Hayseeds, Inc. v. State Farm Fire & Cas., 177 W.

14

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
McRory v. Northern Ins. Co. of New York green
wash · 1999
2 sentences

2011Co. of New York, 138 Wash.2d 550, 554 , 980 P.2d 736 (1999). ¶ 15 Safeco contends that under the McRory case, it is just as entitled as the insured to recover attorney fees from Country Mutual.

2011Co. of New York, 138 Wash.2d 550, 554 , 980 P.2d 736 (1999). ¶ 15 Safeco contends that under the McRory case, it is just as entitled as the insured to recover attorney fees from Country Mutual.

22011–2011
Weyerhaeuser Co. v. Commercial Union Insurance green
wash · 2000
2 sentences

2004Co., 142 Wash.2d 654 , 687 n. 15, 15 P.3d 115 (2000) (citing Olympic S.S.

2004Co., 142 Wn.2d 654 , 687 n.15, 15 P.3d 115 (2000) (citing Olympic S.S.

22004–2004
Weyerhaeuser Co. v. Commercial Union Ins. green
wash · 2001
2 sentences

2004Co., 142 Wash.2d 654 , 687 n. 15, 15 P.3d 115 (2000) (citing Olympic S.S.

2004Co., 142 Wn.2d 654 , 687 n.15, 15 P.3d 115 (2000) (citing Olympic S.S.

22004–2004

Statutes the citing opinions construe

WA § Wash. Rev. Code § 48.22.030 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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