This section provides an overview of all Automotive Defense publications.

Oregon Case Updates

• PIP Reimbursement Reductions: Rules are Meant to be Followed, Or Else

  Friday, January 13, 2012
  
  

• 2011 Session Bills

  Wednesday, December 07, 2011
  
  

• UM Coverage: Initiating Formal Arbitration is Not Very Formal

  Wednesday, November 02, 2011
  
  

• UIM Attorney Fees Trigger Trap: Insurers Duty to Investigate Increased

  Monday, August 15, 2011
  
  

• Oregon Supreme Court Creates Loophole for Uninsured Drivers to Recover Non-economic Damages

  Wednesday, June 29, 2011
  
  

• Can an Out-Of-State Insured Recover Attorney Fees in Oregon?

  Thursday, June 16, 2011
  
  

• Advance Payments: Who Must Receive a Statute of Limitations Notice Letter?

  Monday, June 13, 2011
  
  

• Wrongful Death Claims Against Public Entities: Recoverable Damages Increased

  Friday, April 29, 2011
  
  

• Liability for Pre-Existing Conditions

  Monday, February 21, 2011
  
  

• PIP Insurers’ Exposure to Attorney Fees Greatly Increased

  Tuesday, November 23, 2010
  
  

• Oregon Supreme Court Decision on Arbitration Initiation has Serious Implications for Attorney Fee Exposure in PIP/UIM Claims

  Friday, November 19, 2010
  
  

• Setting Aside Default Judgments: When Neglect is Excusable

  Monday, October 25, 2010
  
  

• When Can an Uninsured Plaintiff Recover Noneconomic Damages?

  Monday, June 28, 2010
  
  

• Advance Payments: To Whom Must You Send a Statute of Limitations Notice Letter?

  Tuesday, June 22, 2010
  
  

• No Clear Ability to Limit Accrual of Attorney Fees under ORS 742.061

  Thursday, April 29, 2010
  
  

• Motor Vehicle Accidents and Foreseeability

  Tuesday, March 23, 2010
  
  

• Grisby: Analyzing Attorney Fee Requests in PIP Cases

  Monday, March 22, 2010
  
  

• 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
  
  

Washington Case Updates

• Clash of the Clauses: Who Pays When Two Insurers Have ‘Other Insurance’ Clauses?

  Friday, January 06, 2012
  
  

• Who Can Receive UIM Benefits Under an Insurance Policy?

  Tuesday, December 20, 2011
  
  

• UIM Claims and the Phantom Menace

  Friday, December 02, 2011
  
  

• Putting the Brakes on UIM Liability: Who is an Owner/Operator

  Friday, August 19, 2011
  
  

• Significant-Other & The Owned Vehicle Exclusion

  Tuesday, June 14, 2011
  
  

• Bad Facts Lead to Bad Verdicts – How to Make Sure the Jury Never Hears the Bad Facts

  Wednesday, June 08, 2011
  
  

• Impairment is in the Eye of the Beholder: Negligent Entrustment of a Vehicle

  Thursday, May 19, 2011
  
  

• Vicarious Liability for Unauthorized Passengers

  Thursday, February 24, 2011
  
  

• Just Because Defendant Gets Defaulted, Does Not Mean Plaintiff Gets a Judgment

  Tuesday, November 30, 2010
  
  

• Attorney Fees and Settlement Offers: is Mandatory Arbitration a “Trial”?

  Monday, October 18, 2010
  
  

• When Memory Fails, Can a Plaintiff Use Habit Evidence to Demonstrate Fault in a Negligence Action?

  Wednesday, August 25, 2010
  
  

• Vacating a Default Judgment: Who Must Receive Notice of a Lawsuit?

  Wednesday, August 18, 2010
  
  

• Negligent Infliction of Emotional Distress: Plaintiffs Must Arrive at the Scene of an Accident Unwittingly

  Friday, July 30, 2010
  
  

• The Family Car Doctrine: Whose Vehicle is it, Anyway?

  Thursday, July 01, 2010
  
  

• Common Fund: When Is An Insurer Required to Contribute A Pro Rata Share of Legal Expenses?

  Monday, May 17, 2010
  
  

• Reimbursing Deductibles from Subrogation Recoveries

  Tuesday, March 23, 2010
  
  

• Refusing to Provide Coverage Beyond Reasonable Expectations

  Monday, March 22, 2010
  
  

• Compelling Independent Medical Examinations and Commingling UIM and PIP Files

  Wednesday, December 30, 2009
  
  

• Courts Lacking Jurisdiction to Hear a Claim May Still Award Attorney Fees

  Tuesday, December 15, 2009
  
  

• Effects of an Insured's Misrepresentations on Coverage

  Monday, December 14, 2009
  
  

• The Risk of Appealing Arbitrators' Decisions

  Tuesday, September 22, 2009
  
  

• Evidentiary Burden in Negligent Overservice of Alcohol

  Friday, August 07, 2009
  
  

• Insured’s Arm’s-Length Settlement Opens Door of PIP Reimbursement

  Thursday, July 30, 2009
  
  

• When Discoverable, Documents Revealing Insurers’ Claims Handling Process Will be Presumed to Not Need a Protective Order

  Wednesday, May 06, 2009
  
  

• In Collection of Subrogation Claims, Insurers Must Be Mindful of Collection Company Tactics or Risk Consumer Protection Claims

  Monday, May 04, 2009
  
  

• The SCRA Makes Knowing the Military Status of all Parties to a Suit Critical

  Thursday, March 05, 2009
  
  

• Sending Notice of Cancellation of Coverage by Certified Mail May Not Be Considered “Mailed” for Purposes of Satisfying Notice Requirements

  Thursday, December 18, 2008
  
  

• Negotiations Not Enough to Prevent a Default Judgment

  Wednesday, November 12, 2008
  
  

• When Non-Economic Damages Must Be Awarded

  Friday, October 31, 2008
  
  

• Passenger Liability

  Monday, September 22, 2008
  
  

• Insurer’s UIM Denial Did Not Constitute Bad Faith in Carjacking Claim

  Monday, July 14, 2008
  
  

• Self-Insured Automobile Rental Company Not Required to Provide Liability Insurance

  Thursday, August 09, 2007
  
  

• Even “Favored Driver” Has Obligation to Remain Observant While Traveling Through Intersection

  Monday, April 02, 2007
  
  

• Denying Coverage For Suing Without Submitting to an IME Held Reasonable

  Friday, March 16, 2007
  
  

• Statutory Intoxicated Plaintiff Defense Held Not to Abolish Comparative Fault Defense

  Tuesday, December 19, 2006
  
  

• Expert Medical Testimony

  Thursday, September 28, 2006
  
  

• Pre-existing Conditions

  Monday, August 28, 2006
  
  

• Amended Complaints

  Monday, May 22, 2006
  
  

• Traffic Violation Convictions in Personal Injury Cases

  Tuesday, December 13, 2005
  
  

Publications

• Litigators Need to Argue a Central Theme at Jury Trials - Portland Business Journal

  Thursday, April 15, 2010
  posted by: Jeffrey D. Eberhard
  

Newsletters

• Oregon Risk Management Reporter Summer 2010

  Thursday, June 24, 2010
  
  

• Washington Risk Management Reporter Summer 2010

  Thursday, June 24, 2010
  
  

• Washington Risk Management Reporter Spring 2010

  Wednesday, March 10, 2010
  
  

• Oregon Risk Management Reporter Spring 2010

  Tuesday, March 09, 2010
  
  

• Washington Risk Management Reporter Fall 2009

  Tuesday, December 01, 2009
  
  

• Washington Risk Management Reporter Spring 2009

  Friday, May 01, 2009
  
  

• Washington Risk Management Reporter Winter 2008

  Monday, December 15, 2008
  
  

• Washington Risk Management Reporter Summer 2008

  Friday, August 15, 2008
  
  

Webinars

• Webinar: The Six Building Blocks of Effective Claim Management

  Thursday, January 19, 2012
  posted by: Ryan J. McLellan, Robert S. May
  

• Winning at Trial

  Wednesday, April 27, 2011
  posted by: Jeffrey W. Hansen, Glenn E. Barger
  

• Webinar: Putting Medicare's Moving Parts Into Focus

  Wednesday, March 30, 2011
  posted by: Dennis N. Freed
  

• 2011 Oregon & Washington Hot Topics

  Wednesday, February 23, 2011
  posted by: Katie D. Buxman, Kyle D. Riley
  

• Smith Freed & Eberhard Website Tutorial

  Wednesday, August 11, 2010
  posted by: Justin R. Wickizer
  

• Serious Trucking Accidents Call for Serious Action: What All Carriers Need to Know

  Thursday, June 03, 2010
  posted by: Matthew G. Ukishima
  

• Vendor or Partner?

  Thursday, April 01, 2010
  posted by: Jeffrey D. Eberhard
  

• Oregon and Washington Insurance Law Basics

  Friday, March 12, 2010
  posted by: Sean D. Lanz, Dylan T. Becker
  

• Medicare's New "Notice and Reporting" Law

  Friday, February 12, 2010
  posted by: Dennis N. Freed
  

• The Biomechanics of Personal Injuries

  Thursday, January 14, 2010
  posted by: Kyle D. Riley
  

• Oregon Attorney Fees Webinar: ORS 20.080 and ORS 742.061

  Thursday, August 20, 2009
  posted by: Ryan J. McLellan
  

• Oregon and Washington Wrongful Death Webinar

  Wednesday, July 22, 2009
  posted by: Kyle D. Riley, Dennis N. Freed
  

Summary of Law

• 2011 Oregon and Washington Personal Lines Law Summary

  Monday, March 01, 2010
  posted by: Kyle D. Riley, Jeffrey W. Hansen, Glenn E. Barger
  

• 2011 Oregon and Washington Commercial Lines Law Summary

  Monday, March 01, 2010
  posted by: Kyle D. Riley, Jeffrey W. Hansen, Glenn E. Barger, Dennis N. Freed
  

 

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