This section provides an overview of all Insurance Law publications.

Oregon Case Updates

• 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
  
  

Washington Case Updates

• 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

Newsletters

• Oregon Risk Management Reporter Fall 2009

  Tuesday, December 01, 2009
  
  

• Oregon Risk Management Reporter Summer 2009

  Thursday, July 30, 2009
  
  

• Oregon Risk Management Reporter Spring 2009

  Friday, May 01, 2009
  
  

• Oregon Risk Management Reporter Winter 2008

  Monday, December 15, 2008
  
  

• Oregon Risk Management Reporter Summer 2008

  Friday, August 15, 2008
  
  

Presentations

• Medicare's New "Notice and Reporting" Law

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

Summary of Law

• 2009 Washington SIU Law Summary

  Friday, May 01, 2009
  
  

• 2009 Oregon Personal Lines Law Summary

  Friday, May 01, 2009
  
  

• 2009 Washington Personal Lines Law Summary

  Friday, May 01, 2009
  
  

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