Oregon Case Updates

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The attorneys at Smith Freed & Eberhard provide e-mail case updates, which summarize new cases regarding substantial changes in case law. Please browse the list of past case updates or subscribe to have the case updates delivered to you instantly via e-mail.

Automotive Defense

Multiple New Requirements Placed on Insurers After Declaring a Vehicle a Total Loss

Friday, October 16, 2009
A Challenged Release of Liability Defeats Safe Harbor Provision of ORS 742.061

Tuesday, September 08, 2009
Amendments to the Oregon Tort Claims Act Attempt to Provide a Constitutionally Adequate Remedy

Wednesday, September 02, 2009
Keeping Your Releases Compliant with Recent Changes to Oregon Law

Monday, August 31, 2009
Jury is Not Required to Award Noneconomic Damages unless Substantial Injury Exists

Thursday, August 20, 2009
Legislature and Governor Bring Mostly Refreshing Changes to ORS 20.080

Thursday, July 02, 2009
Punitive Damages for “Moderately” Representative Conduct Must Typically Meet 4:1

Thursday, June 11, 2009
In UM/UIM Cases, Merely Providing Notice of Intent to Arbitrate Will Not Toll the Statute of Limitations

Friday, April 24, 2009
PIP Reimbursement Clause May Not Be Less Favorable Than Applicable Statute

Thursday, March 26, 2009
Public Body Immune from Tort Arising from its Discretionary Decision Only if it Acts on that Decision

Thursday, December 18, 2008
An Offer of Judgment Will Not Reduce Attorney Fees Predicated on ORS 20.080(1)

Thursday, December 11, 2008
$1 Does not Qualify as "Some Noneconomic Damages"

Wednesday, December 10, 2008
UM Must Meet Requirements of ORS 31.715(6) to Collect Non-Economic Damages

Wednesday, December 03, 2008
UIM Two-Year Limitation: Waiver and Tolling

Wednesday, October 29, 2008
Supreme Court Held Repair May Include Diminished Value

Thursday, October 23, 2008
"Operator" in Uninsured Motorist Statutes Defined

Wednesday, October 08, 2008
Supreme Court Modifies Holding Regarding UIM Benefits

Wednesday, October 01, 2008
Scientific Expert "Differential Diagnosis" Testimony Held Admissible

Tuesday, September 16, 2008
Calculation of UIM Benefits Determined by Court of Appeals

Wednesday, August 13, 2008
"Proof of Loss" in UM Claims Redefined by Oregon Supreme Court

Thursday, July 24, 2008
"Emergency" Jury Instruction No Longer Available in MVA Cases

Thursday, May 08, 2008
PIP Reimbursement Not Available if Insured's Total Damages Exceed Benefits Received

Wednesday, April 16, 2008
Multiple MVAs: Who is Liable for Aggravation of a Plaintiff’s Prior Injuries?

Thursday, March 20, 2008
Punitive Damages in "Bad Faith" Litigation Limited to Four Times Compensatory Damages

Thursday, March 06, 2008
Oregon Supreme Court Affirms No "Stacking" in UIM Case

Thursday, February 28, 2008
Which State's Law Applies?

Thursday, February 28, 2008
"Consequential Nexus" Between Use of Vehicle and Injurious Event Required to Trigger PIP Benefits

Wednesday, January 23, 2008
Self-Insureds: Notice of Statutory Conditions

Thursday, June 07, 2007

Bad Faith

Proof of Loss: No Written Document Required

Monday, February 08, 2010
Duties of Primary Insurers to Excess Insurers

Sunday, December 20, 2009
A Challenged Release of Liability Defeats Safe Harbor Provision of ORS 742.061

Tuesday, September 08, 2009
Insurer Remains Liable for Attorney Fees Even after Obtaining a Significant Reduction in Trial Court Recovery

Wednesday, August 19, 2009
Role of Payments by Tortfeasor in Calculating UIM Benefits Made Clear

Monday, July 20, 2009
Unless Otherwise Defined in the Policy, “Collapse” Only Requires a Partial Involuntary Drop or Descent of an Object

Tuesday, June 30, 2009
Subcontractor Has to Provide a Complete Defense to General Contractors

Tuesday, June 16, 2009
Completed Operation Exclusion Found Effective to Deny to Defend Even Though Work Was Performed by Subcontractor

Wednesday, May 20, 2009
Anti-Assignment Clauses Will Only Bar Pre-Loss Assignments Unless They Specifically State Otherwise

Wednesday, April 22, 2009
Each Wrongful Denial of Benefits is a Separate Breach of the Insurance Contract

Wednesday, January 28, 2009
Court Approves Settlement of Class Action Against Insurer

Wednesday, September 10, 2008
Calculation of UIM Benefits Determined by Court of Appeals

Wednesday, August 13, 2008
Multiple MVAs: Who is Liable for Aggravation of a Plaintiff’s Prior Injuries?

Thursday, March 20, 2008
Punitive Damages in "Bad Faith" Litigation Limited to Four Times Compensatory Damages

Thursday, March 06, 2008
"Consequential Nexus" Between Use of Vehicle and Injurious Event Required to Trigger PIP Benefits

Wednesday, January 23, 2008

Business Litigation

Builders Can Be Held Liable in Tort for Violating Statutes or Rules

Wednesday, September 30, 2009
Evidence in Asbestos Litigation

Wednesday, May 21, 2008
Setting Aside a Default Judgment – Excusable Neglect

Wednesday, October 03, 2007
Federal Trial Judge Holds Similar Contractual Obligations Sufficient to Survive MSJ on Contribution and Indemnity Claims

Monday, July 16, 2007

Commercial Liability Defense

Non-licensed Contractor Owner-builders' Duty to Home Buyers

Tuesday, December 29, 2009
Statute of Ultimate Repose for Product Liability Claims Consolidated to 10 Years with "Look-Away" Provision Added

Friday, October 09, 2009
Builders Can Be Held Liable in Tort for Violating Statutes or Rules

Wednesday, September 30, 2009
Insurer Remains Liable for Attorney Fees Even after Obtaining a Significant Reduction in Trial Court Recovery

Wednesday, August 19, 2009
Role of Payments by Tortfeasor in Calculating UIM Benefits Made Clear

Monday, July 20, 2009
Contract Provisions that Entitle the Prevailing Party to Attorney Fees Does Not Apply to Non-Parties to the Contract

Tuesday, June 02, 2009
Completed Operation Exclusion Found Effective to Deny to Defend Even Though Work Was Performed by Subcontractor

Wednesday, May 20, 2009
Portland, Oregon Jury Uses Common Sense

Monday, April 20, 2009
Asbestos Claims Require Plaintiff to Show that Defendant Actually Made, Sold or Marketed the Asbestos that Harmed Plaintiff

Wednesday, March 04, 2009
Breach of Construction Contract Claims Must be Brought within 6 Years of Breach

Wednesday, December 24, 2008
An Offer of Judgment Will Not Reduce Attorney Fees Predicated on ORS 20.080(1)

Thursday, December 11, 2008
Policy Ambiguity not Present Unless"Multiple, Reasonable Interpretations"

Wednesday, December 03, 2008
Landlords Have Duty to Warn Tenants of Only Those Risks that are Reasonably Foreseeable

Wednesday, November 12, 2008
Principals Bound by Agents’ Unsanctioned Acts if Apparent Authority Exists

Thursday, November 06, 2008
Supreme Court Held Repair May Include Diminished Value

Thursday, October 23, 2008
"Operator" in Uninsured Motorist Statutes Defined

Wednesday, October 08, 2008
"Chemical Sensitivity" Evidence Held Admissible

Wednesday, October 01, 2008
Supreme Court Modifies Holding Regarding UIM Benefits

Wednesday, October 01, 2008
Scientific Expert "Differential Diagnosis" Testimony Held Admissible

Tuesday, September 16, 2008
Court Reduces Punitive Damages Award

Wednesday, September 10, 2008
Recreational Immunity for Landowners

Wednesday, August 06, 2008
Evidence in Asbestos Investigation

Wednesday, May 21, 2008
No Private Right of Action for Employer's Violation of Rest Period Requirements

Thursday, May 15, 2008
Medical Malpractice Five-Year Statute of Limitations Held Constitutional

Thursday, May 08, 2008
Present Physical Injury Required to State Negligence Claim

Thursday, May 01, 2008
Appeals Court Holds Medical Write-Offs Recoverable

Wednesday, March 26, 2008
Subsequent Purchasers of Property May Bring Construction Defect Claims in Oregon

Thursday, March 20, 2008
Oregon Supreme Court Affirms No "Stacking" in UIM Case

Thursday, February 28, 2008
Oregon Supreme Court Modifies Decision Relating to Attorney Fees in PIP Claims

Thursday, November 08, 2007
Negligence - "Reasonably Foreseeable" Standard

Thursday, October 11, 2007
Jury Instruction that Non-Party is Immune from Liability Held Improper

Sunday, October 07, 2007
Setting Aside a Default Judgment – Excusable Neglect

Wednesday, October 03, 2007
Affidavit Relying on Statements Made by Unidentified Employee Held Insufficient to Survive MSJ

Wednesday, August 29, 2007
Federal Trial Judge Holds Similar Contractual Obligations Sufficient to Survive MSJ on Contribution and Indemnity Claims

Monday, July 16, 2007
Self-Insureds: Notice of Statutory Conditions

Thursday, June 07, 2007
Employer’s Liability Law (OR 654.305 et seq.)

Saturday, November 05, 2005

Construction & Development

Non-licensed Contractor Owner-builders' Duty to Home Buyers

Tuesday, December 29, 2009
Builders Can Be Held Liable in Tort for Violating Statutes or Rules

Wednesday, September 30, 2009
Insurer Remains Liable for Attorney Fees Even after Obtaining a Significant Reduction in Trial Court Recovery

Wednesday, August 19, 2009
Unless Otherwise Defined in the Policy, “Collapse” Only Requires a Partial Involuntary Drop or Descent of an Object

Tuesday, June 30, 2009
Subcontractor Has to Provide a Complete Defense to General Contractors

Tuesday, June 16, 2009
Contract Provisions that Entitle the Prevailing Party to Attorney Fees Does Not Apply to Non-Parties to the Contract

Tuesday, June 02, 2009
Completed Operation Exclusion Found Effective to Deny to Defend Even Though Work Was Performed by Subcontractor

Wednesday, May 20, 2009
Anti-Assignment Clauses Will Only Bar Pre-Loss Assignments Unless They Specifically State Otherwise

Wednesday, April 22, 2009
Portland, Oregon Jury Uses Common Sense

Monday, April 20, 2009
Asbestos Claims Require Plaintiff to Show that Defendant Actually Made, Sold or Marketed the Asbestos that Harmed Plaintiff

Wednesday, March 04, 2009
Breach of Construction Contract Claims Must be Brought within 6 Years of Breach

Wednesday, December 24, 2008
Principals Bound by Agents’ Unsanctioned Acts if Apparent Authority Exists

Thursday, November 06, 2008
Evidence in Asbestos Litigation

Wednesday, May 21, 2008
Evidence in Asbestos Investigation

Wednesday, May 21, 2008
Subsequent Purchasers of Property May Bring Construction Defect Claims in Oregon

Thursday, March 20, 2008
Federal Trial Judge Holds Similar Contractual Obligations Sufficient to Survive MSJ on Contribution and Indemnity Claims

Monday, July 16, 2007

Coverage Law

Proof of Loss: No Written Document Required

Monday, February 08, 2010
Permissive Users May Not Be Able To Extend Coverage by Granting Permission to Use a Motor Vehicle

Tuesday, December 29, 2009
Duties of Primary Insurers to Excess Insurers

Sunday, December 20, 2009
Multiple New Requirements Placed on Insurers After Declaring a Vehicle a Total Loss

Friday, October 16, 2009
Statute of Ultimate Repose for Product Liability Claims Consolidated to 10 Years with "Look-Away" Provision Added

Friday, October 09, 2009
An Employee Hired Directly Held Not To Qualify as a “Temporary Worker,” Thus Insurer Had No Duty to Defend

Thursday, September 10, 2009
A Challenged Release of Liability Defeats Safe Harbor Provision of ORS 742.061

Tuesday, September 08, 2009
Amendments to the Oregon Tort Claims Act Attempt to Provide a Constitutionally Adequate Remedy

Wednesday, September 02, 2009
Keeping Your Releases Compliant with Recent Changes to Oregon Law

Monday, August 31, 2009
Jury is Not Required to Award Noneconomic Damages unless Substantial Injury Exists

Thursday, August 20, 2009
Insurer Remains Liable for Attorney Fees Even after Obtaining a Significant Reduction in Trial Court Recovery

Wednesday, August 19, 2009
Role of Payments by Tortfeasor in Calculating UIM Benefits Made Clear

Monday, July 20, 2009
The Basics of Advance Payments

Tuesday, July 14, 2009
Legislature and Governor Bring Mostly Refreshing Changes to ORS 20.080

Thursday, July 02, 2009
Unless Otherwise Defined in the Policy, “Collapse” Only Requires a Partial Involuntary Drop or Descent of an Object

Tuesday, June 30, 2009
Subcontractor Has to Provide a Complete Defense to General Contractors

Tuesday, June 16, 2009
Punitive Damages for “Moderately” Representative Conduct Must Typically Meet 4:1

Thursday, June 11, 2009
In UM/UIM Cases, Merely Providing Notice of Intent to Arbitrate Will Not Toll the Statute of Limitations

Friday, April 24, 2009
Anti-Assignment Clauses Will Only Bar Pre-Loss Assignments Unless They Specifically State Otherwise

Wednesday, April 22, 2009
Many Insurers Will Face New Medicare Reporting Requirements on July 1, 2009

Monday, April 13, 2009
PIP Reimbursement Clause May Not Be Less Favorable Than Applicable Statute

Thursday, March 26, 2009
Each Wrongful Denial of Benefits is a Separate Breach of the Insurance Contract

Wednesday, January 28, 2009
Public Body Immune from Tort Arising from its Discretionary Decision Only if it Acts on that Decision

Thursday, December 18, 2008
$1 Does not Qualify as "Some Noneconomic Damages"

Wednesday, December 10, 2008
Policy Ambiguity not Present Unless"Multiple, Reasonable Interpretations"

Wednesday, December 03, 2008
UM Must Meet Requirements of ORS 31.715(6) to Collect Non-Economic Damages

Wednesday, December 03, 2008
UIM Two-Year Limitation: Waiver and Tolling

Wednesday, October 29, 2008
Supreme Court Held Repair May Include Diminished Value

Thursday, October 23, 2008
"Operator" in Uninsured Motorist Statutes Defined

Wednesday, October 08, 2008
Supreme Court Modifies Holding Regarding UIM Benefits

Wednesday, October 01, 2008
Court Reduces Punitive Damages Award

Wednesday, September 10, 2008
Court Approves Settlement of Class Action Against Insurer

Wednesday, September 10, 2008
Calculation of UIM Benefits Determined by Court of Appeals

Wednesday, August 13, 2008
"Proof of Loss" in UM Claims Redefined by Oregon Supreme Court

Thursday, July 24, 2008
Workers’ Compensation Fee Schedule and PIP

Monday, July 07, 2008
“Reasonable Investigation" May Require IME before Denying PIP Benefits Claims Review Software Challenged

Thursday, May 08, 2008
PIP Reimbursement Not Available if Insured's Total Damages Exceed Benefits Received

Wednesday, April 16, 2008
Appeals Court Holds Medical Write-Offs Recoverable

Wednesday, March 26, 2008
Multiple MVAs: Who is Liable for Aggravation of a Plaintiff’s Prior Injuries?

Thursday, March 20, 2008
Punitive Damages in "Bad Faith" Litigation Limited to Four Times Compensatory Damages

Thursday, March 06, 2008
Oregon Supreme Court Affirms No "Stacking" in UIM Case

Thursday, February 28, 2008
Which State's Law Applies?

Thursday, February 28, 2008
"Consequential Nexus" Between Use of Vehicle and Injurious Event Required to Trigger PIP Benefits

Wednesday, January 23, 2008
ACV Coverage Does Not Include Sales Tax

Sunday, January 20, 2008
Oregon Supreme Court Modifies Decision Relating to Attorney Fees in PIP Claims

Thursday, November 08, 2007
Self-Insureds: Notice of Statutory Conditions

Thursday, June 07, 2007

Employment Litigation

Employees Have No Private Right of Action for Unprovided Rest or Meal Breaks

Tuesday, December 29, 2009
An Employee Hired Directly Held Not To Qualify as a “Temporary Worker,” Thus Insurer Had No Duty to Defend

Thursday, September 10, 2009
Rejected Offers of Judgment Must be Filed to Eliminate Plaintiff's Entitlement to Attorney Fees

Wednesday, December 03, 2008
Court Reduces Punitive Damages Award

Wednesday, September 10, 2008
Workers’ Compensation Fee Schedule and PIP

Monday, July 07, 2008
No Private Right of Action for Employer's Violation of Rest Period Requirements

Thursday, May 15, 2008
Jury Instruction that Non-Party is Immune from Liability Held Improper

Sunday, October 07, 2007
Employer’s Liability Law (OR 654.305 et seq.)

Saturday, November 05, 2005

First & Third Party/SIU

Proof of Loss: No Written Document Required

Monday, February 08, 2010
Builders Can Be Held Liable in Tort for Violating Statutes or Rules

Wednesday, September 30, 2009
Amendments to the Oregon Tort Claims Act Attempt to Provide a Constitutionally Adequate Remedy

Wednesday, September 02, 2009
Insurer Remains Liable for Attorney Fees Even after Obtaining a Significant Reduction in Trial Court Recovery

Wednesday, August 19, 2009
Legislature and Governor Bring Mostly Refreshing Changes to ORS 20.080

Thursday, July 02, 2009
Unless Otherwise Defined in the Policy, “Collapse” Only Requires a Partial Involuntary Drop or Descent of an Object

Tuesday, June 30, 2009
Punitive Damages for “Moderately” Representative Conduct Must Typically Meet 4:1

Thursday, June 11, 2009
Public Body Immune from Tort Arising from its Discretionary Decision Only if it Acts on that Decision

Thursday, December 18, 2008
Landlords Have Duty to Warn Tenants of Only Those Risks that are Reasonably Foreseeable

Wednesday, November 12, 2008
Recreational Immunity for Landowners

Wednesday, August 06, 2008
Subsequent Purchasers of Property May Bring Construction Defect Claims in Oregon

Thursday, March 20, 2008
ACV Coverage Does Not Include Sales Tax

Sunday, January 20, 2008
Jury Instruction that Non-Party is Immune from Liability Held Improper

Sunday, October 07, 2007
Federal Trial Judge Holds Similar Contractual Obligations Sufficient to Survive MSJ on Contribution and Indemnity Claims

Monday, July 16, 2007