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

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., W.D. Wash., No.: C14- 0165JLR.
 
In pre-suit events, the insured gave American Family formal notice via a 20 day IFCA Notice, that unless American Family paid the insured’s claim within 20 days, the insured would bring a suit against the insurer for bad faith refusal to pay the claim. This notice was served by the insured on American Family in September of 2012, months prior to the insured’s December 2012 demand for UIM arbitration, the results of which ultimately led to the insured filing this bad faith lawsuit.
 
In the subsequent bad faith litigation which followed, the insured moved to compel discovery of the reserves that American Family set on the claim after receiving the IFCA Notice, arguing that setting the reserves was business in nature, because state law required the insurer to maintain reserves. American Family took the position that the reserves set by American Family after it was put on notice of potential litigation by the insured’s IFCA notice necessarily included a “calculation of risk predicated upon the claim being placed into suit.” The district court denied the plaintiff insured’s motion to compel and, in so doing, applied the “because of” test. Under this test, dual purpose documents are deemed prepared because of litigation if “in light  of the nature of the document and the factual situation in the particular case, the document can fairly be said to have been prepared or obtained because of the prospect of litigation.”  
 
The district found that, “taking into account the totality of the circumstances, the loss reserve documents ‘can be fairly said to have been prepared or obtained because of the prospect of litigation.’” This is because, “individual loss reserve documents created once an insurer anticipates litigation are not ‘created in [a] substantially similar form’ to those created in the absence of impending litigation”.