Practice Area
First & Third Party / SIU
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
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
4th and 10… An Improbable Comeback Win at the Washington Court of Appeals
Success Story
Claims Alleged: Appeal from Summary Judgment Dismissal of Adverse Possession and Prescriptive Easement Claims The Overview: Smith Freed Eberhard partner, Ashley Nagrodski, and associate, Jessica Kamish, achieved a compelling win for their clients in the Washington Court of Appeals when the…
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Tuesday December 1, 2020 By: Firm Authorship
Oregon Supreme Court Issues Final Determination – Oregon’s $500,000 Noneconomic Damages Cap is Gone, at Least for Those Not Gone.
Legal Alert
From the desk of Jeff Eberhard: Hear Ye Hear Ye! Read all about it. The Oregon Supreme Court has issued a landmark opinion addressing once and for all a topic of heated debate between Oregon’s plaintiff and defense bars. No…
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Monday August 17, 2020 By: Jeff Eberhard
When Good Lawyers go Bad: Washington Supreme Court Defines “Substantially Related” Within The Washington Rules of Professional Conduct
Legal Alert
From the desk of Gordon C. Klug: It should come as no surprise that a lawyer is prohibited from representing a new client where that new client’s interests are adverse to the interests of a former client and the matters…
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Wednesday August 12, 2020 By: Gordon Klug
Oregon Case Law Update: Oregon Supreme Court Limits Claims Based on Abuse of Vulnerable Persons
Legal Alert
Oregon Case Law Update: Oregon Supreme Court Limits Claims Based on Abuse of Vulnerable Persons From the desk of Bill Taaffe: Oregon’s statute on abuse of vulnerable persons (ORS 124.110)—here, elderly persons—provides plaintiffs with a claim against a person who wrongfully,…
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Wednesday February 14, 2018 By: William Taaffe
Recent Landmark Decisions on the Noneconomic Damages Cap in Oregon
Webinar
Join Smith Freed Eberhard Managing Partner Jeff Eberhard and Partner Bill Taaffe as they provide a historical overview of the statutory noneconomic damages cap and discuss the future of the cap following recent landmark decisions by the Oregon Court of…
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Thursday January 11, 2018 By: Jeff Eberhard
Utilizing Probability Analysis in Claims Evaluation: A Systematic Approach
Webinar
Smith Freed Eberhard Partner Josh Hayward as he discusses utilizing decision trees and probability analysis to evaluate claims. In this one hour presentation will discuss the methods and advantages to utilizing decision trees to evaluate claims, including: What decision trees…
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Thursday May 4, 2017 By: Josh Hayward
Discovery in the Information Age – Using Technology and Data to More Effectively Defend and Settle Your Claims
Webinar
Smith Freed Eberhard Partner Bill Taaffe demonstrates how you can use technology and data to more effectively defend and settle your claims. Bill discusses: How to leverage social media to uncover and undermine claimsWhy email is a double-edged swordThe truth…
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Thursday July 21, 2016 By: William Taaffe
OR Case Update: Is the UM/UIM Safe Harbor Waived when an Insurer Disputes all Damages and an Insured is Awarded Zero Dollars?
Legal Alert
In an action based on an uninsured/underinsured (UM/UIM) motorist policy, does a “safe harbor” letter sent by the insurance company guarantee that some amount of damages must be awarded to its insured? Find out in this week’s case update. Claims…
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Thursday February 18, 2016 By: Firm Authorship
WA Case Update: UIM Coverage: A Broad Interpretation of Injuries “Arising out of” Vehicle Use
Legal Alert
From the desk of Kyle Riley: When does an injury “arise out of” vehicle use for UIM coverage purposes? Claims Pointer: In order to provide a clear rule to determine when an injury “arises out of” vehicle use for the…
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Thursday January 28, 2016 By: Kyle Riley
OR Case Update: Who Can Testify About What in Low-Impact Auto Accident Cases?
Legal Alert
Can a medical expert testify about emotional overlay? Can a biomechanical expert testify about the effect of crash speeds on the human body? Find out in this follow-up to last week’s update on an important Oregon Court of Appeals opinion.…
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Thursday January 14, 2016 By: Firm Authorship
OR Case Update: First-Party UIM Claims at Trial: Can You Exclude Policy Limits?
Legal Alert
In the unlikely event that a first-party underinsured motorist (UIM) case goes to trial, it is often advantageous to make a motion before trial to exclude mention of insurance policies and policy limits. However, this strategy is not always available--as…
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Thursday January 7, 2016 By: Firm Authorship
Whose Fault is it Anyway?
Success Story
SFE Attorney: Cliff Wilson Plaintiff Attorney: Paul Galm City, Co., State: Washington County Circuit Court, Oregon Claims Alleged: Personal Injury and Property Damage Injuries Alleged: Soft Tissue Admitted Liability: No Amount Claimed: $16,505.53 The Overview Team Cliff Wilson recently won…
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Friday December 11, 2015 By: Cliff Wilson
OR Case Update: Alcohol and Violence: Is Saying “That’s Just the Alcohol Talking” Enough to Prevail?
Legal Alert
From the desk of Jeffrey D. Eberhard: In a dram shop claim, the injured plaintiff sues the person or business who served alcohol to the person that harmed the plaintiff. In the following dram shop case, the Oregon Supreme Court…
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Thursday December 3, 2015 By: Jeff Eberhard
OR Case Update: No Prior Incident Required: Civil Liability for Criminal Acts of Third Parties (Part II)
Legal Alert
From the desk of Jeffrey D. Eberhard: In the conclusion of this special two-part update, we discuss an important question brought before the Oregon Court of Appeals: Can a national organization be liable for the negligence of a local chapter,…
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Thursday November 12, 2015 By: Jeff Eberhard
OR Case Update: No Prior Incident Required: Civil Liability for Criminal Acts of Third Parties (Part I)
Legal Alert
From the desk of Jeffrey D. Eberhard: It is a bedrock principle of premises liability law that businesses and individuals alike owe a duty to protect customers and guests from foreseeable harm, which may also include harm from foreseeable criminal…
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Thursday November 5, 2015 By: Jeff Eberhard
Recent Posts
  • Steve Murphy Joins Smith Freed Eberhard as Associate Attorney Please join us in welcoming Steve Murphy! Steve has joined…
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