Insurance Company v. Doe - 2004
Plaintiffs’ co-counsel: Garth L. Jones, Ray W. Kahler, Reed Schifferman, Paul L. Stritmatter, Michael E. Withey
Our firm pursued an appeal involving the cancellation of insurance policies by a hospital and its insurer after our client had passed away from medical negligence after surgery. The hospital went bankrupt and we challenged the right of the hospital and insurers to cancel its policies under a state law that prohibits a “retroactive annulment” of the polices after an “occurrence,” including a death. The lower court had ruled that the cancellations were valid because a claim on the policy was not filed until after it was cancelled. The Washington Supreme Court held that the state law made null and void and such cancellation of the policy after a death irrespective of when the claim was filed.