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This section provides an overview of all Bad Faith publications.

Oregon Case Updates

Punitive Damages: Large Insurance Bad Faith Award Upheld by Oregon Supreme Court

Wednesday, June 22, 2011
Construction Defects are Not an “Occurrence” in Hawaii

Wednesday, July 21, 2010
Oral Binders: What is Required to Supersede the Usual Terms of a Policy?

Tuesday, June 08, 2010
ORS 20.080: Making a Settlement Offer “Prior to Commencement of a Claim”

Wednesday, April 21, 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

Monday, June 15, 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

Washington Case Updates

If an Insured Fails to Attend an EUO, the Insured Has No Claim

Wednesday, June 01, 2011
Attorney Fees and Settlement Offers: is Mandatory Arbitration a “Trial”?

Monday, October 18, 2010
Insurance Policies: Does “Fair Market Value” Include Sales Tax?

Wednesday, September 22, 2010
Common Fund: When Is An Insurer Required to Contribute A Pro Rata Share of Legal Expenses?

Monday, May 17, 2010
Coverage for Diminished Value Claims

Thursday, April 29, 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
Insured’s Arm’s-Length Settlement Opens Door of PIP Reimbursement

Thursday, July 30, 2009
Bad Faith Damages Will Not Be Awarded Where There is No Harm to Redress

Wednesday, May 27, 2009
When Discoverable, Documents Revealing Insurers’ Claims Handling Process Will be Presumed to Not Need a Protective Order

Wednesday, May 06, 2009
The SCRA Makes Knowing the Military Status of all Parties to a Suit Critical

Thursday, March 05, 2009
Duty to Defend Triggered Unless Insured´s Actions "Clearly" Not Covered by Policy

Monday, December 15, 2008
Bad Faith Claim Can Exist Solely for Procedural Errors; Actual Harm Required

Wednesday, November 26, 2008
"Criminal Acts" Exclusion

Tuesday, November 25, 2008
Insurer’s UIM Denial Did Not Constitute Bad Faith in Carjacking Claim

Monday, July 14, 2008
Only Complete Nondisclosure of Claim Will Bar Bankrupt Plaintiff from Proceeding

Monday, November 19, 2007
Self-Insured Automobile Rental Company Not Required to Provide Liability Insurance

Thursday, August 09, 2007
Bad Faith: Settlement By Insured Without Insurer’s Consent

Tuesday, June 05, 2007
“Confidential” Insurance Claims Manuals May Become Part of the Public Record if Not Sufficiently Protected at Trial

Friday, March 30, 2007
Denying Coverage For Suing Without Submitting to an IME Held Reasonable

Friday, March 16, 2007

Articles

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
Webinar: Putting Medicare's Moving Parts Into Focus

Wednesday, March 30, 2011
posted by: Dennis N. Freed
Webinar: Washington Third Party Bad Faith

Tuesday, March 22, 2011
posted by: Gordon C. Klug, Kyle D. Riley
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
Vendor or Partner?

Thursday, April 01, 2010
posted by: Jeffrey D. Eberhard
Washington Insurance Fair Conduct Act (IFCA) Webinar

Thursday, August 20, 2009
posted by: Kyle D. Riley, Jeffrey D. Eberhard
Oregon Attorney Fees Webinar: ORS 20.080 and ORS 742.061

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

Summary of Law

2011 Oregon and Washington SIU & First Party Law Summary

Monday, March 01, 2010
posted by: Katie D. Buxman, Robert S. May