Practice Area
Personal Lines
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
Texting While Driving? Not Relevant!
Legal Alert
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…
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Wednesday February 10, 2021 By: Cliff Wilson
Is a Bicyclist a Pedestrian? The Washington Supreme Court Says Yes
Legal Alert
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…
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Wednesday January 20, 2021 By: Josh Hayward
UIM Benefits for Non-Relative Passenger? Denied!
Legal Alert
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…
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Wednesday December 30, 2020 By: Cliff Wilson
Washington’s Made Whole Doctrine Majorly Expanded
Legal Alert
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…
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Wednesday December 9, 2020 By: Josh Hayward
Is a Driver Responsible for an Auto Accident if They Lose Consciousness Behind the Wheel?
Legal Alert
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…
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Tuesday December 1, 2020 By: Thomas McCurdy
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
Legal Alert
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.…
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Thursday November 19, 2020 By: Josh Hayward
When to Fight Back with a Counterclaim
Success Story
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…
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Thursday November 19, 2020 By: Jeff Eberhard
Oregon Court of Appeals Confirms that Plaintiffs Have the Burden to Prove Damages Should be Allocated in Multiple Accident Scenarios
Legal Alert
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…
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Thursday November 12, 2020 By: Cliff Wilson
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.”
Legal Alert
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…
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Friday October 23, 2020 By: Josh Hayward
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