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Oregon
The Briefing: Oregon Federal Court Joins Growing List of Courts to Decide Whether Lost Business Income From COVID-19 Closures Are Covered Under Insurance Policies
Podcast
Welcome to The Briefing - a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news. In this week's episode, Abby…
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Thursday September 2, 2021 By: Jeff Eberhard
Oregon Federal Court Joins Growing List of Courts to Decide Whether Lost Business Income From COVID-19 Closures Are Covered Under Insurance Policies.
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Jeff Eberhard: When COVID-19 hit, governors took steps to keep the public safe. The Shelter in Place order enacted in Washington State and many other states forced…
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Wednesday September 1, 2021 By: Jeff Eberhard
Premises Liability: Oregon Expands the Application of Comparative Fault
Legal Alert
From the desk of Sean Conner: In Oregon, in matters involving premises liability, it is common for a defendant to raise the affirmative defense of comparative fault and argue that a plaintiff’s recovery should be reduced, at least in part,…
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Thursday July 29, 2021 By: Sean Conner
You Didn’t Start the Fire, but Does that Mean the Insurer has to Pay Out?
Legal Alert
From the desk of Melanie Rose: Oregon denies a plaintiff’s claim for breach of contract related to fire insurance and ultimately grants the insurance company’s motion for summary judgment. Claims Pointer: Here, a defendant insurance carrier investigated a claim related…
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Wednesday July 7, 2021 By: Melanie Rose
Limitless: How are Statutes of Limitations Tolled When the Cause of Action is Concealed?
Legal Alert
From the desk of Bill Taaffe: The purpose of statutes of limitations is to prevent potential defendants from being subject to unfair prosecution or other legal action, due to the simple fact that, after the passing of many years, relevant…
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Monday July 5, 2021 By: William Taaffe
Is UIM Coverage for Claimants in Insured Vehicles on the Horizon in Oregon?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Cliff Wilson: Insurance carriers have historically been allowed to exclude UIM coverage for injury damages of occupants in an “insured vehicle.”  Oregon Courts have repeatedly applied the…
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Monday July 5, 2021 By: Cliff Wilson
A Substantial Benefit Leads to Substantial Fees
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Bill Taaffe: In disputes that require a finding on constitutional grounds, there is the potential for the prevailing party to recover attorney fees. However, when a party…
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Monday July 5, 2021 By: William Taaffe
The Briefing: Is UIM Coverage for Claimants in Insured Vehicles on the Horizon in Oregon?
Podcast
Welcome to The Briefing - a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news. In this week's episode Cliff…
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Wednesday June 16, 2021 By: Cliff Wilson
The Briefing: A Substantial Benefit Leads to Substantial Fees
Podcast
Welcome to The Briefing - a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news. In this week's episode, Justin…
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Wednesday June 2, 2021 By: William Taaffe
Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Jeff Eberhard: In Oregon, workers’ compensation is an exclusive remedy against an employer, which means the employee cannot pursue civil litigation against that employer. Therefore, knowing how…
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Wednesday May 19, 2021 By: Jeff Eberhard
The Briefing: Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability
Podcast
Welcome to The Briefing - a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news. In this week's episode, Justin…
Read more »
Wednesday May 19, 2021 By: Jeff Eberhard
If you Sail Out of the Safe Harbor, Expect to Pay the Price (in Attorney Fees)
Legal Alert
From the desk of Cliff Wilson: In disputes over insurance policies, there is the potential that the insured can recover attorney fees from the insurer. However, when the dispute is over uninsured or underinsured motorist benefits, the insurer can protect…
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Wednesday April 28, 2021 By: Cliff Wilson
Oregon Supreme Court Says an Insurer’s Duty to Defend Cannot be Contracted Away.
Legal Alert
From the desk of Josh Hayward: Side agreements to insurance policies sometimes occur and can potentially have the effect of shifting responsibility for liability back onto the policyholder. The Oregon Supreme Court just addressed what impact these side agreements can…
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Tuesday April 13, 2021 By: Josh Hayward
Don’t Have the Evidence? What Happens if You Pretend To?
Legal Alert
From the desk of Jeff Eberhard: The Oregon Evidence Code provides the rules that determine what evidence will be allowed to be brought into a trial. These rules can be confusing and convoluted at times, which can sometimes leave a…
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Monday March 22, 2021 By: Jeff Eberhard
Oregon Court of Appeals Doubles Down on Double Damages Under Timber Trespass Statute
Legal Alert
From the Desk of Ryan McLellan: The ability to recover double or triple damages under Oregon’s timber, shrub, and produce trespass statute can result in significant recoveries for plaintiffs. In this case, the defendant put forth numerous arguments in an…
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Thursday March 4, 2021 By: Ryan McLellan
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