Practice Area
General Liability
Are Your Pre-Litigation UIM Investigations and Negotiations Setting You Up for Potential Attorney Fee Awards and Costs if Subsequent Litigation is Filed?
Legal Alert
From the Desk of Ashley Nagrodski: It is imperative that your pre-litigation UIM evaluations take a pro-active approach when investigating your insured’s claims and that you make an offer to pay once the investigation is complete. Failure to properly investigate,…
Read more »
Wednesday September 13, 2023 By: Ashley Nagrodski
The Risk of Attorney Fees in UIM Cases: A Brief Update on Recent Case Law
Webinar
Join Smith Freed Eberhard Partner Ashley Nagrodski and Senior Associate John Barton as they discuss a recent significant case, Ratty v. Progressive, and the timeline of UIM claims handling in the state of Washington. This case is important for insurers…
Read more »
Tuesday September 5, 2023 By: Firm Authorship
Millay Preserved: Washington Court Rules No New Standard for Equitable Tolling
Legal Alert
Statutes of limitation protect defendants from claims brought outside of a certain time limit. But equitable tolling is a way that a plaintiff can get around that time limit if certain standards are met. Recently, the Washington Supreme Court was…
Read more »
Tuesday April 11, 2023 By: Firm Authorship
The Court Needs Your Autograph: Washington Court Rules A Party Must Personally Sign Requests for Trial De Novo in Arbitration
Legal Alert
Arbitration rules can be complicated. While amendments typically help clarify these rules, if a party does not keep updated on these changes, they can run into costly trouble. Claims Pointer: In this case, Division Two of the Washington Court of…
Read more »
Thursday April 6, 2023 By: Firm Authorship
Fun with Arbitration: Washington Rules LLC’s Bound to the Arbitration Clauses in Their Own Operating Agreements
Legal Alert
Arbitration agreements are necessary and irreplaceable tools used to avoid the expense and public exposure of litigation. However, if the language of an arbitration clause does not make clear which parties are subject to the arbitration agreement, litigation may be…
Read more »
Friday November 18, 2022 By: Firm Authorship
An Interest in Interest: Arbitration and Post-Judgment Interest Under ORS 82.010  
Legal Alert
From the Desk of Melanie Rose: Arbitration laws can be difficult to parse through, but the Oregon Court of Appeals recently made the task a bit easier, finding that any arbitration award that is reduced to judgment must contain post-judgment…
Read more »
Wednesday November 9, 2022 By: Melanie Rose
Does Covid-19 Trigger Coverage under a Property Insurance Policy?
Legal Alert
Covid-19 created conflict and confusion in every aspect of our lives, including how we interpret insurance policies. And while Washington Courts are still parsing through Covid’s effect on every area of the law, this case represents a step toward clarity…
Read more »
Thursday November 3, 2022 By: Firm Authorship
Time’s Up: Washington Rules Some Nonretroactive Insurance Policies Unenforceable
Legal Alert
Insurance companies are typically free to contract to limit the liabilities covered by their policies. However, Washington courts will not enforce an insurance policy if it violates public policy. Recently, the Washington Supreme Court was asked to decide whether an…
Read more »
Monday September 19, 2022 By: Firm Authorship
Recent Posts
  • SFE at the 2024 PLRB Claims Conference Smith Freed Eberhard had a wonderful time at the 2024…
  • Steven Gassert Promoted to Partner Please join us in congratulating Steven Gassert on being named…
  • SFE Charity Committee’s Fun February 2024 The SFE Charity Committee in our Portland office enjoyed hosting…