Is UIM Coverage for Claimants in Insured Vehicles on the Horizon in Oregon?
Listen to Our Legal Alerts on the Following Platforms: From the desk of Cliff Wilson: Insurance carriers have historically been allowed to exclude UIM coverage for injury damages of occupants in an “insured vehicle.” Oregon Courts have repeatedly applied the…Read more »
A Substantial Benefit Leads to Substantial Fees
Listen to Our Legal Alerts on the Following Platforms: From the desk of Bill Taaffe: In disputes that require a finding on constitutional grounds, there is the potential for the prevailing party to recover attorney fees. However, when a party…Read more »
The Briefing: A Substantial Benefit Leads to Substantial Fees
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, Justin…Read more »
Pit Bull Attack: Is Landlord Liable for Dog Bite on Leased Property?
Listen to Our Legal Alerts on the Following Platforms: From the desk of Jeff Eberhard: The Washington Supreme Court granted direct review (i.e., bypassing the court of appeals) on a claim of injury due to a pit bull. There were…Read more »
If you Sail Out of the Safe Harbor, Expect to Pay the Price (in Attorney Fees)
From the desk of Cliff Wilson: In disputes over insurance policies, there is the potential that the insured can recover attorney fees from the insurer. However, when the dispute is over uninsured or underinsured motorist benefits, the insurer can protect…Read more »
ZOMBIE LAW – Who Can Sue for Tortious Interference With a Dead Body?
From the desk of Gordon C. Klug: Washington has recognized a cause of action for tortious interference with a dead body for over 100 years. This tort allows plaintiffs to pursue compensation for the emotional distress they suffer after learning…Read more »
Oregon Supreme Court Limits the Impact of an Offer to Allow Judgment
From the desk of Jeffrey D. Eberhard: In certain circumstances, if a plaintiff is successful, they can recover attorney fees. However, ORCP 54 (the offer to allow judgment rule) limits a plaintiff’s recovery of fees to those incurred prior to…Read more »
Texting While Driving? Not Relevant!
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…Read more »
Washington Personal Lines – Year in Review
Smith Freed Eberhard partners Josh Hayward and Melanie Rose discuss significant cases of the past year in Washington, with a focus on Personal Lines claims management. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic overview…Read more »
Is a Bicyclist a Pedestrian? The Washington Supreme Court Says Yes
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…Read more »
UIM Benefits for Non-Relative Passenger? Denied!
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…Read more »
Washington’s Made Whole Doctrine Majorly Expanded
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…Read more »
Is a Driver Responsible for an Auto Accident if They Lose Consciousness Behind the Wheel?
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…Read more »
Oregon Commercial Lines – Year in Review
Smith Freed Eberhard Partners Jeff Eberhard and Bill Taaffe discuss major cases of the past year in Oregon, with a focus on Commercial Lines claims management during this one hour presentation. Why Watch This Webinar? This webinar is designed for claims professionals and…Read more »
Insurers Are Afforded Safe Harbor Protection From Attorney Fees Even if the Insured Claims that the Insurer’s Failure to Settle was Unreasonable or in Bad Faith
From the desk of Josh Hayward: In UM and UIM claims, attorney fees may be recoverable by the insured. However, there is a statutory safe harbor provision that prevents an insured from being awarded fees if certain criteria are met.…Read more »
When to Fight Back with a Counterclaim
Claims Alleged: False Imprisonment; Assault and Battery; and Intentional Infliction of Emotional Distress Injuries Alleged: Concussion; Nasal Fracture; Facial Contusions and Abrasions; and Emotional Distress Admitted Liability: No Amount Claimed: $995,000 The Overview: Managing Partner at…Read more »
Oregon Court of Appeals Confirms that Plaintiffs Have the Burden to Prove Damages Should be Allocated in Multiple Accident Scenarios
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…Read more »
Oregon Court of Appeals Determines That Even if a Condition Takes Time to Cause Maximum Damage, the Passage of Time Does Not Necessarily Mean That an Instrumentality Will Not Be Considered to Be “Direct and Immediate.”
From the desk of Josh Hayward: How many cats is too many? The jury is still out on that, but a recent Oregon Court of Appeals opinion suggests that it is probably not wise to allow a tenant to keep…Read more »