Location
Washington
Treble in the Insurance World: Noneconomic Damages and Actual Damages
Legal Alert
From the Desk of Brian Schiewe: In Washington, under the Insurance Fair Conduct Act (“IFCA”), insureds can recover any “actual damages” sustained from the unreasonable denial of a claim. The “actual damages” may also be trebled if the court believes…
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Friday June 17, 2022 By: Brian Schiewe
Statutes of Limitations: The Importance of Knowing When a Cause of Action Accrues
Legal Alert
From the Desk of Partner Gordon C. Klug:   The statute of limitations protects defendants from long-dormant claims that could cause injustice and cruelty to them. On the other hand, to avoid any injustice to a plaintiff, he or she…
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Thursday June 9, 2022 By: Gordon Klug
What is Deception and When Does It Cause Injury?
Legal Alert
From the Desk of Partner Gordon C. Klug:  The Washington Consumer Protection Act (“CPA”) was enacted to protect consumers from “unfair and deceptive acts or practices” occurring in trade or commerce. While a plaintiff does not have to prove an act…
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Wednesday May 18, 2022 By: Gordon Klug
Moody v. Oregon Community Credit Union: An In-Depth Discussion
Webinar
Join Smith Freed Eberhard Partners Cliff Wilson and Melanie Rose as they discuss one of the most significant Oregon cases in 2022, Moody v. Oregon Community Credit Union. This case has created concern for first-party bad faith claims against insurers…
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Tuesday April 5, 2022 By: Cliff Wilson
Contractors in Washington, Don’t Lose Your Right to Sue. Get Registered Before You Work.
Legal Alert
From the Desk of Gordon C. Klug:   In Washington, contractors that are not properly registered are unable to pursue an action against their client for compensation. In this case, the plaintiff was working on a project for the defendant…
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Tuesday March 29, 2022 By: Gordon Klug
The Dangers of Covenant Judgments: Insurers Must Typically Show Fraud or Collusion to Reverse a Determination of Reasonableness
Legal Alert
From the Desk of Kyle Riley: In Washington, an insured and a claimant can settle claims by agreeing to a covenant judgment without the approval of the insurer in exchange for a release from liability and assignment of potential bad…
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Tuesday March 29, 2022 By: Kyle Riley
Passion and Prejudice: When an Appellate Court Can Hold a Jury’s Verdict as Excessive
Legal Alert
From the Desk of Ashley Nagrodski: The bedrock of our justice system is a trial by jury. When an appellate court reviews a jury verdict, its power to overturn the verdict is very limited. The appellate court must only serve…
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Tuesday March 29, 2022 By: Ashley Nagrodski
Pre-litigation Bad Faith Conduct Leaves Losing Party Fronting the Bill
Legal Alert
From the Desk of Kyle Riley: The American rule has long held that each party must bear its own litigation fees and costs. This rule was instituted so that no party would be dissuaded to pursue or defend a claim…
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Thursday March 24, 2022 By: Kyle Riley
Spoiler Alert: Washington Court of Appeals Rules Spoliation Combined With Discovery Violations Are Sanctionable by Default Judgment
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Brian Schiewe: In Washington, the harshest discovery sanctions are reserved for the most egregious conduct. In an attempt to balance the need to deter violations with a…
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Thursday March 17, 2022 By: Brian Schiewe
Spoiler Alert! Spoliation Combined with Discovery Violations Are Sanctionable by Default Judgment
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 Partner…
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Wednesday March 16, 2022 By: Brian Schiewe
Commercial Lines in Washington – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Partners Kyle Riley and Ashley Nagrodski as they discuss significant commercial lines cases from 2021 in Washington with a focus on the impact these cases will have on commercial lines claims management. Webinar Available On-Demand Enter your email below to…
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Thursday March 10, 2022 By: Kyle Riley
Washington Court of Appeals Issues Important Decision on Arbitration Agreements in Elder Care Setting
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Partner Gordon C. Klug:   Chances are you have come across an arbitration agreement and have signed it without considering what it really means. Often people don’t…
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Wednesday March 9, 2022 By: Gordon Klug
Washington Court of Appeals Issues Important Decision on Arbitration Agreements in Elder Care Setting
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 Partner…
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Tuesday March 8, 2022 By: Gordon Klug
Au Contraire: Even the Smallest Contradictions in Deposition Testimony Can Make or Break a Case
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 Partner…
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Wednesday February 23, 2022 By: Brian Schiewe
Au Contraire: Even the Smallest Contradictions in Deposition Testimony Can Make or Break a Case
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Brian Schiewe:   Contradictions, big or small, can make or break a case. In this case, defendant King County prevailed on its summary judgment motion by highlighting…
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Tuesday February 22, 2022 By: Brian Schiewe
It’s All in The Fine Print – Are Arbitration Clauses Unconscionable and Do They Apply Retroactively?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Gordon C. Klug: Contracts are the glue that keeps our modern society from falling into chaos. Contracts are also only as good as our society’s willingness to…
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Wednesday February 16, 2022 By: Gordon Klug
It’s All in The Fine Print – Are Arbitration Clauses Unconscionable and Do They Apply Retroactively?
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 Partner…
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Tuesday February 15, 2022 By: Gordon Klug
Washington Appellate Court Concludes That a Breach of Contract Claim for Construction Deficiencies Does Not Have a Solid Foundation
Legal Alert
From the Desk of Gordon C. Klug: Construction defect claims have their roots in both contract and tort law. When evaluating a breach of contract case, it is important to view the case from the Plaintiff’s perspective and not just…
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Wednesday December 22, 2021 By: Gordon Klug
Recent Posts
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