This section provides an overview of all First Party / SIU publications.

Oregon Case Updates

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

  Wednesday, July 27, 2011
  
  

• 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
  
  

• Builders Can Be Held Liable in Tort for Violating Statutes or Rules

  Wednesday, September 30, 2009
  
  

• Amendments to the Oregon Tort Claims Act Attempt to Provide a Constitutionally Adequate Remedy

  Wednesday, September 02, 2009
  
  

• Insurer Remains Liable for Attorney Fees Even after Obtaining a Significant Reduction in Trial Court Recovery

  Wednesday, August 19, 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
  
  

• Punitive Damages for “Moderately” Representative Conduct Must Typically Meet 4:1

  Thursday, June 11, 2009
  
  

• Public Body Immune from Tort Arising from its Discretionary Decision Only if it Acts on that Decision

  Thursday, December 18, 2008
  
  

• Landlords Have Duty to Warn Tenants of Only Those Risks that are Reasonably Foreseeable

  Wednesday, November 12, 2008
  
  

• Recreational Immunity for Landowners

  Wednesday, August 06, 2008
  
  

• Subsequent Purchasers of Property May Bring Construction Defect Claims in Oregon

  Thursday, March 20, 2008
  
  

• ACV Coverage Does Not Include Sales Tax

  Sunday, January 20, 2008
  
  

• Jury Instruction that Non-Party is Immune from Liability Held Improper

  Sunday, October 07, 2007
  
  

• Federal Trial Judge Holds Similar Contractual Obligations Sufficient to Survive MSJ on Contribution and Indemnity Claims

  Monday, July 16, 2007
  
  

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
  
  

• 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
  
  

• 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
  
  

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

  Tuesday, May 12, 2009
  
  

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

  Thursday, March 05, 2009
  
  

• Bad Faith Claim Can Exist Solely for Procedural Errors; Actual Harm Required

  Wednesday, November 26, 2008
  
  

• "Criminal Acts" Exclusion

  Tuesday, November 25, 2008
  
  

• Only Complete Nondisclosure of Claim Will Bar Bankrupt Plaintiff from Proceeding

  Monday, November 19, 2007
  
  

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

  Tuesday, June 05, 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
  
  

Presentations

• 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
  

• Oregon and Washington Insurance Law Basics

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

• 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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