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Washington Supreme Court Allows Recovery of Extraordinary Damages for “Negligent Reproductive Healthcare”

September 2022 | Category: Articles and Presentations

Have parents sustained compensable damages if they have an unplanned child as a result of a physician’s failure to meet the standard of care when providing contraceptive care? What if the child is born with disabilities that were not caused by the physician’s care? Is the physician liable for the extraordinary medical costs necessitated by the child’s condition? May the parents recover for emotional distress arising from raising a child with disabilities? The Washington Supreme Court recently answered these questions in the affirmative in Pacheco v. U.S., 515 P.3d 510 (2022).

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Court Enforces Primary-Residence Exclusion in Boat and Personal Watercraft Policy

February 2022 | Category: Articles and Presentations

In Progressive Garden State Ins. Co. v. Metius, a federal district court held that a boat qualified as its owner’s “primary residence,” and after the boat burned and the boat owner filed a claim with its insurer to recover damages, the court held that the insurer’s “primary residence” exclusion in a Boat and Personal Watercraft Policy barred coverage.

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David Buishas and Elisabeth Ross Offer Insights on Recent Ninth Circuit Arguments in COVID-19 Business Interruption Cases in Law360

August 2021 | Category: Articles and Presentations, News

In a recent Law360 industry analysis, BatesCarey’s David J. Buishas and Elisabeth C. Ross address arguments made earlier today in the Ninth Circuit from policyholders and insurers in three suits over whether business interruption coverage extends to pandemic-related losses, foreshadowing the many cases pending before federal appellate and trial courts.

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