Location
Oregon
Podcast
Is UIM Coverage for Claimants in Insured Vehicles on the Horizon in Oregon? - The Briefing 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 Wilson, Partner in the…
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Wednesday June 16, 2021 By: Cliff Wilson
Legal Alert
Listen to our Legal Alerts on the following platforms: Listen on Spotify Listen on SoundCloud Listen on Apple Podcasts 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 insured vehicle exclusion as being fully consonant with the statutory scheme…
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Tuesday June 15, 2021 By: Cliff Wilson
Podcast
A Substantial Benefit Leads to Substantial Fees - The Briefing 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 Wickizer, Director of Legal Operations, discusses Smith Freed Eberhard's latest…
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Wednesday June 2, 2021 By: William Taaffe
Legal Alert
Listen to our Legal Alerts on the following platforms: Listen on Spotify Listen on SoundCloud Listen on Apple Podcasts 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 prevails on a dispute based on a statutory issue, the…
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Wednesday June 2, 2021 By: William Taaffe
Legal Alert
Listen to our Legal Alerts on the following platforms: Listen on Apple Podcasts Listen on Spotify Listen on SoundCloud 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 broadly Oregon courts interpret which injuries are covered by workers’…
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Wednesday May 19, 2021 By: Jeff Eberhard
Podcast
Premises Liability: The Impact of the “Going or Coming” Rule on Tort Liability - The Briefing 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 Wickizer, Director of Legal…
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Wednesday May 19, 2021 By: Jeff Eberhard
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 itself from paying these attorney fees if it meets certain statutory safe harbor requirements. One of these requirements is that…
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Wednesday April 28, 2021 By: Cliff Wilson
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 have on an insurer’s duty to defend. Claims Pointer: The Oregon Supreme Court ruled that side agreements cannot be considered…
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Tuesday April 13, 2021 By: Josh Hayward
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 jury feeling like they are not getting the full picture. What happens when an attorney implies that there is indeed…
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Monday March 22, 2021 By: Jeff Eberhard
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 attempt to thwart the plaintiffs’ recovery of enhanced damages for injury to a crop of produce. Claims Pointer: This recent…
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Thursday March 4, 2021 By: Ryan McLellan
Legal Alert
From the Desk of Melanie Rose: Plaintiffs do not have endless time to file their legal actions. Rather civil claims are subject to statutes of limitation, which require a lawsuit to be filed within a specified amount of time based on the type of action—personal injury, wrongful death, breach of contract, etc. However, there are instances where these limitation periods…
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Monday February 22, 2021 By: Melanie Rose
Legal Alert
From the desk of Jeffrey D. Eberhard: In certain circumstances, if a plaintiff is successful, they can recover attorney fees. However, ORCP 54 (the offer to allow judgment rule) limits a plaintiff’s recovery of fees to those incurred prior to the date of an offer of judgment, provided the offer was more than the plaintiff’s ultimate award. Does this limit…
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Thursday February 11, 2021 By: Jeff Eberhard
Legal Alert
From the desk of Cliff J. Wilson: Cellphones are essential to everyday life. However, in Oregon, we all know that we should not use, or even handle, our cellphones while driving due in part to the state’s harsh penalties for doing so. But what happens if a defendant in a civil case admits to using her cellphone immediately prior to…
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Wednesday February 10, 2021 By: Cliff Wilson
Legal Alert
From the desk of Bill P. Taaffe: In Oregon, to prove negligence, a plaintiff must show the harm he or she suffered was foreseeable.  How one characterizes the harm—i.e., “a head injury” versus just “an injury”—clearly has a significant impact on what can be considered foreseeable. This case asks the question: Can a head injury, caused by walking into a…
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Wednesday January 27, 2021 By: William Taaffe
Legal Alert
From the Desk of Jeff Eberhard: Oregon issued civil penalties against two insurance companies for violating emergency orders related to COVID-19. What did these insurance companies do to deserve these fines? Claims Pointer: Allstate and Root Insurance Companies were fined for canceling or not renewing policies during a time they were prohibited from doing so by a COVID-19 Emergency Order. …
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Wednesday December 16, 2020 By: Jeff Eberhard
Webinar
Smith Freed Eberhard Partners Jeff Eberhard and Bill Taaffe discuss major cases of the past year in Oregon, with a focus on Commercial Lines claims management during this one hour presentation. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic overview of significant cases over the last year and their impact on Commercial Lines claims management. This…
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Thursday November 19, 2020 By: Jeff Eberhard
Legal Alert
From the desk of Josh Hayward: In UM and UIM claims, attorney fees may be recoverable by the insured. However, there is a statutory safe harbor provision that prevents an insured from being awarded fees if certain criteria are met. Part of the criteria is that the insurer must accept coverage and only contest liability of the uninsured and damages.…
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Thursday November 19, 2020 By: Josh Hayward
Success Story
Claims Alleged:         False Imprisonment; Assault and Battery; and Intentional Infliction of Emotional Distress Injuries Alleged:       Concussion; Nasal Fracture; Facial Contusions and Abrasions; and Emotional Distress Admitted Liability:    No Amount Claimed:       $995,000 The Overview: Managing Partner at Smith Freed Eberhard, Jeff Eberhard, successfully defended an individual against claims of assault and battery, false imprisonment and intentional infliction…
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Thursday November 19, 2020 By: Jeff Eberhard
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