Practice Area
Automotive Defense
Personal Lines in Oregon and Washington: 2022 Year in Review
Webinar
Join Smith Freed Eberhard partners, Cliff Wilson and Josh Hayward, as they provide a basic overview of Oregon and Washington personal lines cases in 2022 including recent developments and real-world examples. Webinar Available On-Demand View the Webinar Tuesday, April 18th…
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Wednesday April 5, 2023 By: Firm Authorship
Oregon Court of Appeals Holds Once You Leave Safe Harbor You Cannot Re-Enter
Legal Alert
From the Desk of Melanie Rose:  Safe harbor is an important aspect of UIM claims as it provides an avenue to escape the general rule that prevailing plaintiffs in insurance policy actions are entitled to attorney fees. In order to…
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Thursday April 21, 2022 By: Melanie Rose
Personal Lines in Oregon and Washington – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Partners Josh Hayward and Cliff Wilson as they discuss significant personal lines cases of 2021 in Oregon and Washington with a focus on the impact these cases will have on personal lines claims management. Webinar Available On-Demand Enter your email…
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Wednesday January 26, 2022 By: Josh Hayward
The Third Time’s the Charm. Oregon Supreme Court Examines Wright III to Explain the Difference Between Fault and Causation in an Underinsured Motorist Claim
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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Thursday September 30, 2021 By: Cliff Wilson
The Third Time’s the Charm. Oregon Supreme Court Examines Wright III to Explain the Difference Between Fault and Causation in an Underinsured Motorist Claim
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Cliff J. Wilson: The Oregon Supreme Court got two bites of the apple in the case of Wright v. Turner. In a second appeal to the Oregon…
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Thursday September 30, 2021 By: Cliff Wilson
Taking a Case to Trial During COVID-19
Success Story
Claims Alleged: Personal Injury/Motor Vehicle Accident Injuries Alleged: Soft Tissue Injuries (Orthopedic) Admitted Liability: No Amount Claimed: $21,000,000 The Overview: Smith Freed Eberhard attorney Gordon Klug recently achieved an exceptional judgment for his client who was deemed to bear a…
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Wednesday September 22, 2021 By: Firm Authorship
Words Heard Beyond the Grave: Washington Appellate Court Determines When a Deceased Party’s Statements Are Admissible
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Gordon C. Klug: States have gone to great lengths to preserve the rules of evidence and to respect a party’s right to be heard. The right to…
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Thursday September 16, 2021 By: Firm Authorship
Words Heard Beyond the Grave: Washington Appellate Court Determines When a Deceased Party’s Statements Are Admissible
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 16, 2021 By: Firm Authorship
Texting While Driving? Not Relevant!
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…
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Wednesday February 10, 2021 By: Cliff Wilson
Is a Bicyclist a Pedestrian? The Washington Supreme Court Says Yes
Legal Alert
From the desk of Josh Hayward: Last year, the Washington Court of Appeals held that bicyclists were not considered pedestrians in the context of PIP coverage, because the plain meaning of the word “pedestrian” does not include cyclists. The Washington…
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Wednesday January 20, 2021 By: Josh Hayward
UIM Benefits for Non-Relative Passenger? Denied!
Legal Alert
From the desk of Cliff J. Wilson: The Washington Court of Appeals recently revisited the public policy lens as related to UIM exclusions in Washington automobile insurance policies.  In this case, the court examined Progressive’s decision to deny UIM benefits…
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Wednesday December 30, 2020 By: Cliff Wilson
Washington’s Made Whole Doctrine Majorly Expanded
Legal Alert
From the desk of Josh Hayward: Washington’s Made Whole Doctrine establishes that a person with insurance must be fully reimbursed for their losses, or “made whole,” before the person’s insurance company can take from any third-party recovery proceeds to recoup…
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Wednesday December 9, 2020 By: Josh Hayward
Oregon Court of Appeals Confirms that Plaintiffs Have the Burden to Prove Damages Should be Allocated in Multiple Accident Scenarios
Legal Alert
From the desk of Cliff Wilson: The one constant in litigation is that the Plaintiff carries the burden to prove every element of their case.  In complex scenarios, however, sometimes Plaintiffs will argue to push their burden on to the…
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Thursday November 12, 2020 By: Cliff Wilson
Oregon Court of Appeals determines whether an insurance company can allege comparative fault in a UIM claim and still enjoy the protection of its safe harbor letter.
Legal Alert
From the desk of Joshua P. Hayward: To avoid attorney’s fees in a UIM case, an insurer must agree to binding arbitration and limit the issues to the liability of the uninsured/underinsured motorist and damages. If a proper safe harbor letter…
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Thursday September 17, 2020 By: Josh Hayward
The Strategy in Jury Selection: Using Voir Dire to the Defendant’s Advantage
Success Story
The Overview: Smith Freed Eberhard associate attorney Jessica Kamish recently achieved a significant victory for her client following a complex case that was tried in Seattle, Washington.  After Plaintiff decided she was unhappy with an arbitration award, she demanded a…
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Tuesday August 11, 2020 By: Firm Authorship
Washington Will Soon Require Insurers to Inform their Washington Insureds of the Availability of Agency Assistance
Legal Alert
From the desk of Jean Kang and Cliff Wilson: Insurers and claims professionals who do business in Washington are no strangers to the relatively unfriendly legal landscape created by state statute and case law. Insurers are subject to strict regulation…
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Tuesday July 14, 2020 By: Firm Authorship
Research Pays Off (to the Tune of $2.2 Million)
Success Story
Claims Alleged: Automobile Accident; Personal Injury Amount Claimed: $2,200,000 The Overview Smith Freed Eberhard obtained a favorable verdict for its client in a case demanding significant economic and non-economic damages resulting from a car accident. The Strategy The Smith Freed…
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Friday December 20, 2019 By: Firm Authorship
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