Practice Area
Personal Lines
Stacking the Deck: Oregon Appellate Court Holds That the 52-Week Payment Period for PIP Policies Is Stackable
Legal Alert
From the Desk of Josh Hayward: Following a car accident, an injured person will typically make a PIP claim. A passenger in a vehicle will often have coverage under the vehicle’s policy and their own auto policy. If a passenger…
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Thursday December 9, 2021 By: Josh Hayward
A Costly Miscalculation: Can Multiple Settlement Offers be Aggregated When Awarding Attorney Fees?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Cliff J. Wilson: In Oregon, ORS 20.080 can create big headaches in otherwise low-value cases by giving rise to the award of attorney fees to the plaintiff.…
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Thursday December 2, 2021 By: Cliff Wilson
A Costly Miscalculation: Can Multiple Settlement Offers be Aggregated When Awarding Attorney Fees?
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 December 2, 2021 By: Cliff Wilson
Love Thy Neighbor, but Don’t Ignore Your Property Rights
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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Wednesday November 24, 2021 By: Josh Hayward
Love Thy Neighbor, but Don’t Ignore Your Property Rights
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Josh Hayward: They say that good fences make good neighbors. If you share a common wall, however, pay attention to your neighbor. In Bo and Lia Holding…
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Monday November 22, 2021 By: Josh Hayward
So You Paid PIP and the UIM Case Is Going to Trial. Can the PIP Payments Be Disclosed to the Jury and How Do You Preserve Your Offset?
Legal Alert
From the Desk of Josh Hayward: In this case, the plaintiff brought an underinsured motorist claim against her insurance company State Farm Mutual Automobile Insurance.  Plaintiff claimed that she incurred more than $150,000 in related medical bills but only requested…
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Friday October 29, 2021 By: Josh Hayward
Oregon Supreme Court Allows UM/UIM Stacking Among Multiple Policies Issued by Same Insurer
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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Wednesday October 20, 2021 By: Cliff Wilson
Oregon Supreme Court Allows UM/UIM Stacking Among Multiple Policies Issued by Same Insurer
Legal Alert
From the Desk of Cliff J. Wilson:  In this case, the Oregon Supreme Court determined that an anti-stacking provision in an uninsured/underinsured (UM/UIM) policy was unenforceable, holding that any attempt to limit the amount of UM/UIM coverage from multiple applicable…
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Tuesday October 19, 2021 By: Cliff Wilson
Beware the Fine Print: Washington Court of Appeals Strikes a Trial De Novo Because the Client Failed to Sign
Legal Alert
From the Desk of Gordon C. Klug: In Hanson v. Luna-Ramirez, the Washington Court of Appeals ruled on whether an attorney’s signature to a request for trial de novo was sufficient under SCCAR 7.1. Claims Pointer:  Under the new version…
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Thursday October 14, 2021 By: Gordon Klug
Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders
Success Story
Claims Alleged: Negligence Injuries Alleged: Concussion; and Property Damage Admitted Liability: No The Overview: Smith Freed Eberhard achieved a great result for our client in Washington State Court when the court granted our client’s Motion to Strike the counterclaims the…
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Wednesday October 13, 2021 By: Narmina Sharifova
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
Washington Court of Appeals Paves the Road to Costly Attorneys’ Fees in Cases Affecting Title to Real Property
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Gordon C. Klug: Absent a contract, statute, or recognized rule of equity, in disputes involving title to real property, attorneys’ fees are not generally awarded.  However, in…
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Friday August 27, 2021 By: Gordon Klug
Washington Court of Appeals Paves the Road to Costly Attorneys’ Fees in Cases Affecting Title to Real Property – The Briefing
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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Wednesday August 25, 2021 By: Gordon Klug
Is UIM Coverage for Claimants in Insured Vehicles on the Horizon in Oregon?
Legal Alert
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…
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Monday July 5, 2021 By: Cliff Wilson
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