Cole, Wathen, Leid, & Hall, P.C.

Dismissal of Claims Against Allstate 

Rory W. Leid, III, assisted by Arezou Arefi-Afshar, represented Allstate Property and Casualty Insurance Company in the insurance bad faith lawsuit, Taylor v. Allstate Property and Casualty Insurance Company.

CWLH Attorneys Successfully Represent Allstate Indemnity Company in an Insurance Bad Faith Claim 

Rory W. Leid, III and Arezou Arefi-Afshar successfully represented Allstate Indemnity Company in an insurance bad faith claim, Newkirk et al v. Allstate.

CWLH Attorneys Successfully Represent Allstate Indemnity Company in an Insurance Bad Faith Claim 

Rory W. Leid, III and Arezou Arefi-Afshar successfully represented Allstate Indemnity Company in an insurance bad faith claim, Newkirk et al v. Allstate.

Loss Reserves are Protected as Work Product in IFCA Case 

Rory W. Leid, III, assisted by Kimberly Larsen Rider, represented American Family Insurance Company in the insurance bad faith lawsuit, Theresa L. Schreib v. American Family Mut. Ins. Co.

UIM Arbitration Award Not Proper Measure of IFCA Damages 

Rory W. Leid, III, assisted by Kimberly Larsen Rider, represented American Family Insurance Company in the insurance bad faith lawsuit, Theresa L. Schreib v. American Family Mut. Ins. Co.

Excess Verdict Not Proper Measure of IFCA Damages 

Rory W. Leid, III, assisted by Jean Y. Kang, represented GEICO General Insurance Company in the insurance bad faith lawsuit, Ross, et. al. v. GEICO Gen. Ins. Co., et al.

Marion County Cases - Defense Verdict Rejecting PIP Suit for Medical Bills and Attorney Fees 

Ryan J. Hall represented Farmers Insurance in Nancy Reyes v. Farmers Insurance Company of Oregon.

Arbitration Panel Awards Complete Defense Verdict with No Award of Fees or Costs 

Ryan J. Hall represented Farmers Insurance in Omar DeLeon Gomez v. Farmers Insurance Company which was a PIP arbitration panel demand from opposing counsel.

Court Upholds PIP Suit Limitation Provision – Grants Directed Verdict Against Chiropractic Clinic 

Ryan J. Hall represented Allstate Insurance Company in Auto & Work Injury, LLC v. Allstate et al.

Multnomah County Case – Defense Verdict Rejecting PIP Suit for Medical Bills and Attorney Fees 

Ryan J. Hall represented Allstate Insurance in Luis Baez-Hernandez et al. v. Allstate Fire & Casualty Insurance Company.

Defense Verdict 

Mr. Leid recently obtained a defense verdict in a weeklong jury trial in Mason County Superior Court.

Appeal of Attorney Fee Award 

Attorney fee award overturned on appeal creating new law in Washington State.

New Offices for Cole Wathen Leid Hall P.C. 

We are pleased to announce our new office location, effective November 18, 2013.

Jury Awards Less Than Medical Specials in Admitted Liability Case 

Mark S. Cole assisted by Jennifer P. Dinning represented the Defendants in a case which arose out of a motor vehicle accident in which Defendants Tharp rear-ended the Plaintiff. April 8, 2013.

Insurance Policy Time Limit Leads to Dismissal of Contractual Claims 

Mark S. Cole represented Western National in the case of Jeffries v. Western National Assurance Company, which arose out of a fire to a residence owned by Plaintiff Jeffries. April 5, 2013.

Jury Again Awards Less Than Medical Specials in an Admitted Liability Case 

Mark S. Cole, assisted by Jennifer P. Dinning, represented Defendants in Hudson v. Jensen, a case which arose out of an accident where Defendant Jensen rear-ended the Plaintiff’s pick-up truck. April 4, 2013.

Jury Trial Defense Verdict 

Rory W. Leid, III tried this case which involved a three car accident, including a FedEx vehicle and a semi-truck. April 3, 2013.

Contentious Discovery Battle With Suspected Arsonist Leads to Complete 

Ryan J. Hall represented Allstate Insurance Company in the case of Terrance I. Ross – Joyner and Dominique D. Joyner  v. Allstate et al. April 2, 2013.

Arbitrator Hands Down Rare Defense Verdict in Personal Injury Protection Suit 

Ryan J. Hall represented Allstate Insurance Company in the case of Ivan Rodriguez, Narcisa Onofre and Narcisa Onofre. April 1, 2013.

CWLH Obtains Defense Verdict in Traumatic Brain Injury Case 

Rick Wathen represented the Defendants, the Kelleys, and was assisted by Midori R. Sagara. February 4, 2013.

Can a Tenant be Sued by the Landlord's Insurer? 

Mark S. Cole and Rory W. Leid, III, were retained by American Family to represent the defendant tenants. December 4, 2012.

CWLH Obtains Judgment on Behalf of Private Lender  

Rick Wathen represented the private lender. September 7, 2012.

Court of Appeals EUO as a Condition Precedent to Filing Suit

Staples v. Allstate, Case No. 64816-1. Rory W. Leid, III, argued for Respondent Allstate and was assisted by Midori R. Sagara. May 16, 2011.

Court of Appeals Rules that Service on a Private Mailbox is Insufficient

Goettenmoeller v. Twist, Case No. 64046-1-1. Rory W. Leid, III , argued for Appellant Twist and was assisted by Midori R. Sagara. April 11, 2011.

News & Press

Can a Tenant be Sued by the Landlord's Insurer?

In Farmers Insurance Company of Washington v. Kamrowski, et al., King County Cause Number 11-2-30748-2 KNT, the landlord rented a single family residence to the tenants. While the tenants were occupying the residence, a fire occurred causing substantial damage to the residence. It appeared that the fire was caused by the negligence of the tenants. The landlord's insurance carrier paid for the damage to the residence, and then brought a subrogation action against the tenants.

The tenants filed a motion for summary judgment, arguing that, under Washington law, an insurance company cannot bring a subrogation action against a person who is an insured under the policy. The tenants also argued that, under Washington law, including Cascade Trailer Court v. Beeson, 50 Wn. App 678, 749 P.2d 761 (1988), tenants are presumed to be co-insureds under the landlord's policy of insurance, unless there is an express agreement to the contrary.

In support of their motion, the tenants pointed out that under the written lease, there was no mention of insurance, and more specifically, no mention as to whether the tenants would be co-insured's under the landlords policy or not. The tenants submitted a declaration that there were no oral or written communications between the landlord and the tenant as to whether the tenants were covered by the landlord's policy or not.

The tenants also stated, in their declaration, that they had purchased renters insurance. However, they had purchased this insurance for the reason that they wanted to obtain coverage for the tenant's own personal property. There was no intention to provide insurance coverage for the rental house.

The landlord's insurance carrier argued, in response, that prior to moving in, the landlord had asked the tenant if the tenant would be obtaining renters insurance. The tenants indicated that they would be obtaining insurance, and in fact, did obtain renters insurance. The landlord's insurance carrier argued that this created an implied agreement that the tenant would not be covered under the landlord's policy of insurance.

The matter was heard before Judge Lori K. Smith. Judge Smith determined that under Washington case law, including the case of Cascade Trailer Court v. Beeson, 50 Wn. App 678, 749 P.2d 761 (1988), Community Association Underwriters v. Kalles, 164 Wn. App. 30, 259 P.3d 1154 (2011), and Trinity Universal Insurance Company v. Cook, 168 Wn. App. 431, 276 P.3d 372 (2012), there is a presumption that the tenant is a co-insured under the landlord's policy, unless there is an express agreement between the landlord and the tenant to the contrary. Judge Smith stated that, under the evidence presented, there was no express agreement between the landlord and the tenant which would rebut the presumption. The court found in favor of the defendants, and dismissed plaintiff's complaint.