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Summary Judgment On Prejudice Issue Is Inappropriate, Washington Majority Affirms

OLYMPIA, Wash. - A majority of the Washington Supreme Court on March 7 affirmed a lower court's ruling requiring an insurer to reimburse its drug manufacturer insured for reasonable defense fees incurred before the determination of no coverage and denying summary judgment on the late claim tender question, remanding to determine whether the alleged late tender resulted in actual and substantial prejudice to the insurer (National Surety Corp. v. Immunex Corp., No. 86535-3, Wash. Sup.; 2013 Wash...(read more)Image may be NSFW.
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