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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
A Substantial Benefit Leads to Substantial Fees
Legal Alert
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…
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Monday July 5, 2021 By: William Taaffe
The Briefing: A Substantial Benefit Leads to Substantial 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, Justin…
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Wednesday June 2, 2021 By: William Taaffe
Pit Bull Attack: Is Landlord Liable for Dog Bite on Leased Property?
Legal Alert
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…
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Monday May 10, 2021 By: Jeff Eberhard
If you Sail Out of the Safe Harbor, Expect to Pay the Price (in Attorney Fees)
Legal Alert
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…
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Wednesday April 28, 2021 By: Cliff Wilson
ZOMBIE LAW – Who Can Sue for Tortious Interference With a Dead Body?
Legal Alert
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…
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Tuesday March 30, 2021 By: Gordon Klug
Oregon Supreme Court Limits the Impact of an Offer to Allow Judgment
Legal Alert
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…
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Thursday February 11, 2021 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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