Practice Area
Personal Lines
Treble in the Insurance World: Noneconomic Damages and Actual Damages
Legal Alert
From the Desk of Brian Schiewe: In Washington, under the Insurance Fair Conduct Act (“IFCA”), insureds can recover any “actual damages” sustained from the unreasonable denial of a claim. The “actual damages” may also be trebled if the court believes…
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Friday June 17, 2022 By: Brian Schiewe
Oregon Court of Appeals Holds Once You Leave Safe Harbor You Cannot Re-Enter
Legal Alert
From the Desk of Melanie Rose:  Safe harbor is an important aspect of UIM claims as it provides an avenue to escape the general rule that prevailing plaintiffs in insurance policy actions are entitled to attorney fees. In order to…
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Thursday April 21, 2022 By: Melanie Rose
Pre-litigation Bad Faith Conduct Leaves Losing Party Fronting the Bill
Legal Alert
From the Desk of Kyle Riley: The American rule has long held that each party must bear its own litigation fees and costs. This rule was instituted so that no party would be dissuaded to pursue or defend a claim…
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Thursday March 24, 2022 By: Kyle Riley
First-Party Bad Faith in Oregon? Are the Floodgates About to Open? Violations of the Oregon Insurance Code Held to Give Rise to the Pursuit of Emotional Distress Damages
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 Partner…
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Thursday February 10, 2022 By: Cliff Wilson
First-Party Bad Faith in Oregon? Are the Floodgates About to Open? Violations of the Oregon Insurance Code Held to Give Rise to the Pursuit of Emotional Distress Damages
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Cliff Wilson: In the past, Oregon Courts have been reluctant to recognize first-party bad faith claims against insurers, and only allowed tort claims against an insurer in…
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Thursday February 10, 2022 By: Cliff Wilson
Personal Lines in Oregon and Washington – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Partners Josh Hayward and Cliff Wilson as they discuss significant personal lines cases of 2021 in Oregon and Washington with a focus on the impact these cases will have on personal lines claims management. Webinar Available On-Demand Enter your email…
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Wednesday January 26, 2022 By: Josh Hayward
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…
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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…
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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
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