This section provides an overview of all Insurance Law publications.

Oregon Case Updates

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

  Thursday, December 15, 2011
  
  

• 2011 Session Bills

  Wednesday, December 07, 2011
  
  

• Replacement Cost Benefits: Must Replacement Be Complete?

  Friday, December 02, 2011
  
  

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

  Wednesday, November 23, 2011
  
  

• UM Coverage: Initiating Formal Arbitration is Not Very Formal

  Wednesday, November 02, 2011
  
  

• New Oregon Law Voids Waiver of Subrogation Provisions in Construction Agreements and Insurance Policies

  Thursday, July 28, 2011
  
  

• An Insured’s Verbal Conversation May Override Written Policy Exclusions

  Wednesday, July 27, 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
  
  

• 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
  
  

• Supreme Court Defines “Roof” For Purposes of Homeowners Insurance Policy

  Monday, September 27, 2010
  
  

• Construction Defects are Not an “Occurrence” in Hawaii

  Wednesday, July 21, 2010
  
  

• Maintaining Sewer Laterals: When Are You Responsible?

  Thursday, July 01, 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
  
  

• Oral Binders: What is Required to Supersede the Usual Terms of a Policy?

  Tuesday, June 08, 2010
  
  

• Subcontractors' Duty to Indemnify General Contractors

  Wednesday, April 21, 2010
  
  

• Grisby: Analyzing Attorney Fee Requests in PIP Cases

  Monday, March 22, 2010
  
  

• 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

  Monday, June 15, 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
  
  

• Evidence in Asbestos Litigation

  Wednesday, May 21, 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
  
  

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
  
  

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

  Tuesday, December 13, 2011
  
  

• UIM Claims and the Phantom Menace

  Friday, December 02, 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
  
  

• Liability for “Loaned” Workers

  Tuesday, July 19, 2011
  
  

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

  Friday, July 08, 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
  
  

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

  Wednesday, June 01, 2011
  
  

• Homeowners’ Policies & the Cost of Building to Code

  Friday, April 08, 2011
  
  

• Vicarious Liability for Unauthorized Passengers

  Thursday, February 24, 2011
  
  

• An Agent’s Duty to Advise on Coverage

  Thursday, January 13, 2011
  
  

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

  Monday, December 06, 2010
  
  

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

  Tuesday, November 30, 2010
  
  

• When the Walls Fall Down…

  Thursday, November 11, 2010
  
  

• 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
  
  

• A Fence, a Finger, and Fido: When is a Person Lawfully on Your Property?

  Tuesday, August 03, 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
  
  

• Continuing Loss + Multiple Policies = One Policy Limit

  Thursday, May 13, 2010
  
  

• Coverage for Diminished Value Claims

  Thursday, April 29, 2010
  
  

• Providing Coverage for Injuries that Occur After an Excluded Event and Failing to Defend

  Wednesday, April 21, 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
  
  

• Bad Faith Damages Will Not Be Awarded Where There is No Harm to Redress

  Wednesday, May 27, 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
  
  

• 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
  
  

• Insurer’s Defense of Lawsuit Held Not Voluntary

  Monday, July 14, 2008
  
  

• Liability of Excess Carrier When Primary Insolvent

  Monday, April 07, 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
  
  

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

  Thursday, July 26, 2007
  
  

• Bad Faith: Settlement By Insured Without Insurer’s Consent

  Tuesday, June 05, 2007
  
  

• New Legislation Exposes Washington Insurers to Punitive Damages and Greater Risk of Attorney Fees

  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
  
  

• Language in Contractor’s Liability Policy Held Unambiguous

  Tuesday, December 26, 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
  
  

Presentations

• Webinar: The Six Building Blocks of Effective Claim Management

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

• 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: 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
  

• 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
  

• Vendor or Partner?

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

• Oregon and Washington Insurance Coverage Hot Topics

  Friday, March 12, 2010
  posted by: Katie D. Buxman
  

• Medicare's New "Notice and Reporting" Law

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

• 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
  

 

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