Washington Supreme Court Clarifies Distinction between Contribution and Subrogation Claims between Insurers, and Refines Standard for Prejudice for Late Notice Defense
On 4 September 2008, the Washington Supreme Court issued its decision in Mutual of Enumclaw Ins. Co. v. USF Ins. Co., concerning the distinction between contribution and subrogation claims between insurers and the rules of tender that apply to each, and clarifying the standard for demonstrating “actual prejudice” prong of the “late notice” defense. View full article (PDF).