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Newsletters | Links | Immediate Case Updates | Publications
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NEWSLETTERS
Oregon and Washington Risk Management Reporter
The Oregon and Washington Risk Management Reporters provide information on recent case law and legislative changes in their respective states that affect insurance carriers and risk management departments.
The Oregon Risk Management Reporter
The Washington Risk Management Reporter
Construction Reporter
The Construction Reporter is published quarterly to address the issues affecting commercial liability insurance and construction dispute litigation in our Oregon and Southwest Washington service area. It will also provide you with updates on legislative changes, litigation trends, and development industry "hot topics."
Links—Links to websites relevant to law and the insurance and construction industries.
IMMEDIATE CASE UPDATES
Smith Freed & Eberhard P.C. publishes E-Mail Case Updates, brief summaries of case rulings or legislative actions on tort and insurance law issues. These Updates are sent via e-mail to anyone that handles claims at an insurance company or for a self-insured entity.
Join the Case Updates e-mailing list. Sign-Up Today.
Past Updates are available for reading online to anyone in the insurance industry.
Oregon
- Evidence in Asbestos Litigation (May 21, 2008)
- Medical Malpractice Five-Year Statute of Limitations Held Constitutional (May 8, 2008)
- "Emergency" Jury Instruction No Longer Available in MVA Cases (May 8, 2008)
- "Reasonable Investigation" May Require IME before Denying PIP Benefits (May 8, 2008)
- Present Physical Injury Required to State Negligence Claim (May 1, 2008)
- PIP Reimbursement Not Available if Insured's Total Damages Exceed Benefits Received (April 16, 2008)
- PIP Reimbursement Clause May Not Be Less Favorable Than Applicable Statute (April 4, 2008)
- Which State's Law Applies? (March 31, 2008)
- Appeals Court Holds Medical Write-Offs Recoverable (March 26, 2008)
- Oregon Supreme Court Affirms No "Stacking" in UIM Case (March 20, 2008)
- Multiple MVAs: Who is Liable for Aggravation of a Plaintiff's Prior Injuries? (March 20, 2008)
- Punitive Damages Limited to Four Times Compensatory Damages (March 6, 2008)
- "Consequential Nexus" Between Use of Vehicle and Injurious Event Required to Trigger PIP Benefits (January 23, 2008)
- Oregon Statute Contains No Exception: Evidence of Insurance Benefits Not Admissible at Trial (December 26, 2007)
- Oregon Supreme Court Modifies Decision Relating to Attorney Fees in PIP Claims (November 30, 2007)
- Jury Instruction that Non-Party is Immune from Liability Held Improper (November 28, 2007)
- PIP Reimbursement When Tortfeasor's Policy Limits Exhausted (October 22, 2007)
- Negligence - "Reasonably Foreseeable" Standard
- Setting Aside a Default Judgment. Excusable Neglect (October 12, 2007)
- Affidavit Relying on Statements Made by Unidentified Employee Held Insufficient to Survive MSJ (October 1, 2007)
- Subrogation of PIP Only Available When Other Means of Recovery Not Available (September 26, 2007)
- Jury to Decide Whether Friend of Gunman Was Negligent For Harm to Hostages (September 13, 2007)
- Dismissal Without Prejudice Held Appropriate for Failing to Attend IMEs (September 6, 2007)
- Jury to Decide Whether Golf Course was Liable for Off-Premises Damage Caused by Golf Balls (September 4, 2007)
- Increased Risk of Attorney Fees in PIP Claims (August 9, 2007)
- Evidence of Reasonable Medical Charges (June 27, 2007)
- UM/UIM: Proof of Loss (June 13, 2007)
- Self-Insureds: Notice of Statutory Conditions (June 7, 2007)
- Premises Liability: UPS Delivery Person Held To Be An Invitee (June 6, 2007)
- Additional Insured Endorsements and ORS 30.140 (May 18, 2007)
- Discovery Rule: Jury Decides When the SOL Begins to Run (May 9, 2007)
- Policy Language That Deviates From UM Statute May Put Insurer At Risk of Stacking (May 2, 2007)
- Strict Liability: Ultra-Hazardous Activity (April 4, 2007)
- Appeals Court Declines to Review Denial of Motion to Amend Because of Inadequate Record (March 21, 2007)
- Juries Cannot "Punish" For Harm To Persons Not Before The Court (February 20, 2007)
- Oregon's Punitive Damages Statute Held Constitutional (February 8, 2007)
- "Potential Damages"Used to Determine Constitutionality of Punitive Damages Award (January 27, 2007)
- Knowledge of Damage to Building Caused by Defective Construction Does Not Bar Recovery Against Builder (December 27, 2006)
- "Substantial Factor" Standard Not Exclusive Test For Causation (December 21, 2006)
- Residential Construction Defect Notice Statutes Held to Apply to All Actions Commenced After January 1, 2004 (December 20, 2006)
Washington
- Insurer's Defense of Lawsuit Held Not Voluntary (July 14, 2008)
- Filing of Lawsuit Insufficient to Support Emotional Distress Claim (June 24, 2008)
- Landlord Liability for Dog-Bites (June 3, 2008)
- Employer Liability for Negligent Supervision (May 22, 2008)
- Proving Causation in Product Liability (May 22, 2008)
- Third Party Liability for Criminal Activity (May 12, 2008)
- Settlement Agreement Unenforceable If Material Terms Not Agreed Upon (May 1, 2008)
- Attorney Fees Awards Under Indemnification Clauses (April 29, 2008)
- Liability of Excess Carrier When Primary Insolvent (April 7, 2008)
- Lawsuits Against LLCs Barred Three Years After Administrative Dissolution (March 17, 2008)
- Family Member Must Witness Injured Relative's Immediate Suffering After an Accident to Claim Negligent Infliction of Emotional Distress (February 21)
- ACV Coverage Does Not Include Sales Tax (February 1, 2008)
- Evidence of Prior Medical Treatment Inadmissible If Not Relevant to Present Disputed Injury (January 8, 2008)
- Landowner Has No Duty to Protect Third Party from Criminal Conduct of Underage Trespassers (January 7, 2008)
- Insurer Bad Faith: Reservation of Rights Defense and Declaratory Action (December 3, 2007)
- Insurer "Bad Faith" Not Required When Determining Settlement Reasonableness (November 13, 2007)
- Washington Voters Approve "Insurance Fair Conduct Act" (November 8, 2007)
- Judge's Decision to Admit Photographs Held Appropriate (November 9, 2007)
- Personal Injury Claim Not Limited to Value Estimate on Bankruptcy Asset Schedule (October 31, 2007)
- Judgment Based on Low Jury Award Held Appropriate (October 10, 2007)
- Committed Intimate Relationship Doctrine Applies Where Both Parties (October 5, 2007)
- Lead Driver of Caravan May Be Liable For Accident (October 4, 2007)
- Trial Court Reduction of Liability Payments and PIP From Mandatory UIM Arbitration Award Held Appropriate (September 24, 2007)
- Voters to Decide Fate of Washington ESSB 5726 (Insurance Fair Conduct Act) (September 12, 2007)
- Insurer's Duty to Defend Triggered By Dentist's Practical Joke (July 26, 2007)
- Car Rental Company Not Required to Provide Liability Insurance (July 16, 2007)
- New Legislation Exposes Washington Insurers to Punitive Damages and Greater Risk of Attorney Fees (June 5, 2007)
- Bankruptcy. Effect of Debtor's Failure to Disclose Personal Injury Claims (May 31, 2007)
- Bad Faith Settlement By Insured Without Insurer&pos;s Consent (April 9, 2007)
- Premises Liability. Prior Owners of Land May be Held Liable to Third Parties (April 2, 2007)
- "Confidential" Insurance Claims Manuals May Become Part of the Public Record if Not Sufficiently Protected at Trial (March 5, 2007)
- Denying Coverage For Suing Without Submitting to an IME Held Reasonable (February 20, 2007)
- Even "Favored Driver" Has Obligation to Remain Observant While Traveling Through Intersection (February 13, 2007)
- Sales Records of Asbestos Containing Materials Enough to Establish Exposure (February 12, 2007)
- Doctrine of Completion and Acceptance Abandoned (January 18, 2007)
- Property Owner Not Liable for Dangerous Defect of Public Sidewalk or Unless Their Actions Caused the Defect (January 17, 2007)
Construction Defect
PUBLICATIONS
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Synopses of Law
Smith Freed & Eberhard P.C. publishes a synopsis of law for the States of Oregon and Washington, and in the areas of Commercial and Construction Law.
The Washington and Oregon synopses highlight the basics of insurance and tort law relevant to the handling of claims covered by automobile and homeowner insurance policies.
The Commercial Synopsis addresses in detail the law relevant to the handling of claims covered by a general liability policy or a self-insured entity.
The Construction Synopsis addresses law relevant to construction defect and liability claims covered by a construction liability policy or a self-insured entity.
The Synopses of Law are available online to anyone that handles claims at an insurance company or self-insured entity.
Current Synopses of Law
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