This section provides an overview of all Commercial Liability Defense publications.

Oregon Case Updates

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

  Friday, January 13, 2012
  
  

• Do Not Enter: What Duties Does a Landowner Owe to Trespassers?

  Thursday, December 15, 2011
  
  

• 2011 Session Bills

  Wednesday, December 07, 2011
  
  

• Noneconomic Damages – Does a $500,000 Cap Violate the Oregon Constitution?

  Wednesday, November 23, 2011
  
  

• When Life Throws You Post Pounders: Business Premises Liability Revisited

  Thursday, November 10, 2011
  
  

• Pleading Negligence: What Harm is Foreseeable?

  Wednesday, October 26, 2011
  
  

• Premises Liability: Who is Liable When Life Throws You Lemonade?

  Wednesday, May 18, 2011
  
  

• Wrongful Death Claims Against Public Entities: Recoverable Damages Increased

  Friday, April 29, 2011
  
  

• Premises Liability: Recreational Land Use & Trespassing

  Thursday, March 10, 2011
  
  

• 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

  Monday, June 01, 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
  
  

Washington Case Updates

• Contractor Conundrum: Does a “License Agreement” Limit an Employer’s Liability for Injuries on a Jobsite?

  Thursday, January 26, 2012
  
  

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

  Friday, January 06, 2012
  
  

• Subrogation- Is a Tenant a Landlord's Coinsured?

  Tuesday, December 13, 2011
  
  

• Wrongful Death Claims: Who Recovers if there are no Statutory Beneficiaries?

  Friday, November 18, 2011
  
  

• No Duty to Defend: Can Insurers Still be Liable for Defense Costs?

  Thursday, October 20, 2011
  
  

• Job Site Injuries: When Are Design Professionals Immune From Liability?

  Monday, October 03, 2011
  
  

• On Thin Ice – What Constitutes an Unreasonable Risk of Harm?

  Monday, September 19, 2011
  
  

• A Peculiar and Exceptional Case – When Can a Plaintiff Rely on Inferences of Negligence

  Thursday, September 08, 2011
  
  

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

  Friday, August 19, 2011
  
  

• The Public Duty Doctrine: Government Employees Can Be Liable for Negligence

  Friday, July 08, 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
  
  

• Slippery When Wet?: A Plaintiff’s Burden in a Slip and Fall Case

  Monday, December 06, 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
  
  

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

  Friday, July 30, 2010
  
  

• Refusing to Provide Coverage Beyond Reasonable Expectations

  Monday, March 22, 2010
  
  

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

  Tuesday, December 15, 2009
  
  

• Requiring a Certificate of Merit for Medical Malpractice Claims is Unconstitutional

  Thursday, November 19, 2009
  
  

• Personal Injury Claims Are Not Actionable Under the Consumer Protection Act

  Wednesday, October 21, 2009
  
  

• Amendments to Consumer Protection Act May Open Door to More Lawsuits

  Friday, August 14, 2009
  
  

• Evidentiary Burden in Negligent Overservice of Alcohol

  Friday, August 07, 2009
  
  

• The Economic Loss Rule Does Not Bar Claims for Rescission, Nor Preclude Claims Based on Breach of Statutory or Common Law Duties

  Wednesday, July 08, 2009
  
  

• A Subcontractor’s Mere Knowledge of a Safety Violation and Failure to Remedy It Does Not Establish Control to Impose a Duty under WISHA

  Monday, June 22, 2009
  
  

• Landowners Have Duty to Ensure Planted Trees do not Pose an Unreasonable Risk to Pedestrians

  Tuesday, May 12, 2009
  
  

• Premises Liability – Prior Owners of Land May be Held Liable to Third Parties

  Thursday, April 02, 2009
  
  

• Insurance Agents May be Liable for Value of Property Beyond Policy Limits

  Thursday, March 05, 2009
  
  

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

  Thursday, March 05, 2009
  
  

• Jury’s Determination of Contributory Negligence Difficult to Overturn

  Tuesday, February 10, 2009
  
  

• Only a Clear Request for Mediation Will Toll Statute of Limitations

  Thursday, January 29, 2009
  
  

• A Good Faith Request for Mediation of a Medical Malpractice Claim Will Stop the Statute of Limitations from Running for One Year

  Tuesday, January 20, 2009
  
  

• In Deciding Motions to Compel Arbitration, Washington Courts Must Leave Determinations of Merit and Procedure to the Arbitrator

  Tuesday, January 20, 2009
  
  

• Negligence Claim Must Allege that Landowner Failed to Exercise Reasonable Care

  Tuesday, December 16, 2008
  
  

• Duty to Defend Triggered Unless Insured´s Actions "Clearly" Not Covered by Policy

  Monday, December 15, 2008
  
  

• Late Notice: Contribution and Subrogation

  Thursday, September 04, 2008
  
  

• Liability for Negligent Hiring

  Monday, August 18, 2008
  
  

• Tolling the Statute of Limitations for Incapacitation

  Thursday, August 07, 2008
  
  

• Comparative Fault Has No Role in Construction Defect Reasonableness Hearing Based on Contractual Obligations & Statutory Warranties

  Monday, July 07, 2008
  
  

• Filing of Lawsuit Insufficient to Support Emotional Distress Claim

  Tuesday, June 24, 2008
  
  

• Landlord Liability for Dog-Bites

  Tuesday, June 03, 2008
  
  

• Settlement Agreement Unenforceable If Material Terms Not Agreed Upon

  Thursday, May 01, 2008
  
  

• Attorney Fees Awards Under Indemnification Clauses

  Tuesday, April 29, 2008
  
  

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

  Thursday, August 09, 2007
  
  

• Insurer’s Duty to Defend Triggered By Dentist’s Practical Joke

  Thursday, July 26, 2007
  
  

• “Confidential” Insurance Claims Manuals May Become Part of the Public Record if Not Sufficiently Protected at Trial

  Friday, March 30, 2007
  
  

• Sales Records of Asbestos Containing Materials Enough to Establish Exposure

  Friday, March 02, 2007
  
  

• Property Owner Not Liable for Dangerous Defect of Public Sidewalk or Boardwalk Unless Their Actions Caused the Defect

  Tuesday, February 27, 2007
  
  

• Doctrine of Completion and Acceptance Abandoned

  Thursday, January 18, 2007
  
  

• Bankruptcy: Effect of Failing to Disclose Personal Injury Claims

  Monday, July 17, 2006
  
  

• Negligent Infliction of Emotional Distress (NIED)

  Wednesday, May 17, 2006
  
  

• Wrongful Death of Children - Awards to Parents

  Tuesday, March 28, 2006
  
  

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: Understanding Timber Trespass in Oregon and Washington

  Thursday, November 10, 2011
  posted by: Jeffrey W. Hansen
  

• Webinar: How to Win at Arbitration and Mediation in Washington

  Monday, October 24, 2011
  posted by: Gordon C. Klug, Kyle D. Riley
  

• Webinar: Oregon and Washington Premises Liability

  Saturday, September 03, 2011
  posted by: Katie D. Buxman, Jeffrey D. Eberhard
  

• Webinar: SOP of UIM and PIP in Washington

  Wednesday, June 29, 2011
  posted by: Gordon C. Klug
  

• 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
  

• Webinar: The Anatomy of a Jobsite Injury Claim

  Thursday, August 19, 2010
  posted by: Ryan J. McLellan
  

• 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
  

• Liquor Liability Webinar, "Why Everything Plaintiff's Attorneys Tell You About Liquor Liability Is Wrong"

  Wednesday, October 21, 2009
  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
  

• Oregon and Washington Wrongful Death Webinar

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

• Excess Verdicts, "What Do We Do Now"

  Thursday, May 28, 2009
  posted by: Jeffrey D. Eberhard
  

Summary of Law

• 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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