Practice Area
Automotive Defense
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: Gordon Klug
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: Gordon Klug
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: Gordon Klug
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
Is a Driver Responsible for an Auto Accident if They Lose Consciousness Behind the Wheel?
Legal Alert
From the desk of Thomas McCurdy: Generally, if a driver loses consciousness and causes an auto accident, they are not held liable. The driver can be held liable, however, if they were aware that there was a possibility they could…
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Tuesday December 1, 2020 By: Thomas McCurdy
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: Jessica Kamish
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: Jean Kang
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
Rejected: A Desperate Attempt to Recover Expenses
Success Story
Claims Alleged: Personal Injury/Automobile Collision Amount Claimed: $70,000-$250,000 The Background In a case that started out as a relatively straightforward personal injury claim between two motorists, Smith Freed Eberhard secured a victory on a motion for summary judgement. The Case…
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Friday December 20, 2019 By: Firm Authorship
The Early Bird Gets the Case Dismissed
Success Story
Claims Alleged: Intentional Infliction of Emotional Distress Injuries Alleged: Emotional Distress The Overview Smith Freed Eberhard succeeded in obtaining complete dismissal based on the pleadings through immediate, decisive, and aggressive action. The Background The claim arose from a car accident…
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Friday December 20, 2019 By: Josh Hayward
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