Practice Area
PIP
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
Oregon Court of Appeals determines whether an insurance company can allege comparative fault in a UIM claim and still enjoy the protection of its safe harbor letter.
Legal Alert
From the desk of Joshua P. Hayward: To avoid attorney’s fees in a UIM case, an insurer must agree to binding arbitration and limit the issues to the liability of the uninsured/underinsured motorist and damages. If a proper safe harbor letter…
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Thursday September 17, 2020 By: Josh Hayward
Washington Court of Appeals Considers Whether a Cyclist Qualifies as a Pedestrian to Receive PIP Benefits
Legal Alert
From the desk of Joshua P. Hayward: The Washington Court of Appeals recently considered a trial court’s ruling that denied PIP benefits to an insured claimant who sustained injuries while riding a bicycle after determining that the term “pedestrian” does…
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Thursday September 10, 2020 By: Josh Hayward
Oregon Court of Appeals Determines That PIP/Health Insurance Reimbursement Statutes Apply to a Company That Contracted to Serve as a Third-Party Administrator for the Oregon Public Employees Benefits Board (PEBB)
Legal Alert
From the desk of Jeff Eberhard: Health plan contracts may provide broad rights that an injured plaintiff must repay any liability and/or UIM payments received.  If Oregon PIP/health insurance statutes are applied, the likelihood of repayment is much less.  However, as the Oregon Court of Appeals recently found, the activities of…
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Thursday July 16, 2020 By: Jeff Eberhard
Rejected: A Desperate Attempt to Recover Expenses
Success Story
Claims Alleged: Personal Injury/Automobile Collision Amount Claimed: $70,000-$250,000 The Background In a case that started out as a relatively straightforward personal injury claim between two motorists, Smith Freed Eberhard secured a victory on a motion for summary judgement. The Case…
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Friday December 20, 2019 By: Firm Authorship
Pre-Existing Conditions Affirmed, No Additional Recovery Earned
Success Story
Claims Alleged: Automobile Accident; Personal Injury Injury Alleged: Numerous – Read on to Find Out Amount Claimed: $50,000 The Background The claimant in this case was stopped at a red light on Southeast 82nd Avenue in Portland, Oregon when another…
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Friday December 20, 2019 By: Firm Authorship
Top 10 Things to Know About Discovery in the Information Age
White Paper
  Whether or not you viewed our webinar, Discovery in the Information Age, you'll want to download our complimentary cheat sheet that summarizes the key takeaways from the webinar about how you can better use technology to more effectively defend…
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Tuesday November 26, 2019 By: Jeff Eberhard
Oregon Case Update: Oregon Supreme Court Restricts the Scope of Discoverable Communications Between Plaintiffs and Treating Physicians
Legal Alert
Oregon Case Update: Oregon Supreme Court Restricts the Scope of Discoverable Communications Between Plaintiffs and Treating Physicians  From the Desk of Ryan McLellan: Communications between plaintiffs and their treating physicians have long been discoverable in Oregon depositions after the plaintiff has…
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Thursday December 6, 2018 By: Cliff Wilson
Washington Case Law Update: Washington Court of Appeals Sets the Stage for a Change in PIP Billing Practices
Legal Alert
Washington Case Law Update: Washington Court of Appeals Sets the Stage for a Change in PIP Billing Practices  From the Desk of Smith Freed Eberhard: Some insurers use automated software to adjust their PIP payments to match the standard rate for…
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Thursday November 15, 2018 By: Thomas McCurdy
Washington Case Law Update: Damages and Attorney Fee Exposure Can Make a Mistaken Coverage Denial a Costly Error
Legal Alert
Washington Case Law Update: Damages and Attorney Fee Exposure Can Make a Mistaken Coverage Denial a Costly Error From the desk of Kyle D. Riley: Denying coverage under an insurance policy in Washington is a risky proposition. Damages and attorney fee…
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Thursday November 1, 2018 By: Kyle Riley
Oregon Case Law Update: Oregon Court of Appeals Identifies Threshold Level of Evidence Required to Prove an Injury is Permanent
Legal Alert
Oregon Case Law Update: Oregon Court of Appeals Identifies Threshold Level of Evidence Required to Prove an Injury is Permanent From the Desk of Joshua P. Hayward: When bringing personal injury suits, plaintiffs often allege that the injuries they have suffered…
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Tuesday September 25, 2018 By: Josh Hayward
Oregon Case Law Update: Oregon Court of Appeals Provides Guidance on a PIP Insurer’s Duty to Promptly Pay PIP Benefits after Receiving Proof of Loss
Legal Alert
Oregon Case Law Update: Oregon Court of Appeals Provides Guidance on a PIP Insurer’s Duty to Promptly Pay PIP Benefits after Receiving Proof of LossFrom the desk of Cliff J. Wilson: Under Oregon’s no-fault personal injury protection (“PIP”) statute, insurers…
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Friday September 21, 2018 By: Cliff Wilson
Washington Case Law Update: Use of Maximum Medical Improvement Limitation in PIP Policy Violates Regulation
Legal Alert
Washington Case Law Update: Use of Maximum Medical Improvement Limitation in PIP Policy Violates Regulation From the Desk of Smith Freed Eberhard: Insurers operating in Washington are governed by numerous statutes and regulations, including Washington Administrative Code (“WAC”) 284-30-395(1), which contains a…
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Thursday July 5, 2018 By: Thomas McCurdy
Washington Case Law Update: Court Finds Issues of Material Fact on Reasonableness of Insurer’s Handling of UIM Claim
Legal Alert
Washington Case Law Update: Court Finds Issues of Material Fact on Reasonableness of Insurer’s Handling of UIM Claim From the Desk of Joshua P. Hayward: Numerous statutes in Washington require insurers to act in good faith when dealing with the insured’s…
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Thursday May 31, 2018 By: Josh Hayward
Oregon Case Law Update: PIP Application Form Inadmissible in Suit by Insured Against Tortfeasor
Legal Alert
Oregon Case Law Update: PIP Application Form Inadmissible in Suit by Insured Against Tortfeasor From the Desk of Joshua P. Hayward: Insureds who submit a personal injury protection (“PIP”) claim are often asked by their insurer to fill out a PIP…
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Thursday May 10, 2018 By: Josh Hayward
An Introduction to the Updated Rules and Regulations for First Party Claims
Webinar
Smith Freed Eberhard Partner Josh Hayward provided an overview and discussion on developments in the law and handling first party claims. Josh will discuss: General rules for handling first-party personal injury protection (PIP) and uninsured/ underinsured motorist coverage (UIM) claims;UIM…
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Tuesday April 24, 2018 By: Josh Hayward
Oregon Case Law Update: No Safe Harbor Protection in Dispute over Reasonable and Necessary Medical Services
Legal Alert
Oregon Case Law Update: No Safe Harbor Protection in Dispute over Reasonable and Necessary Medical Services From the desk of Josh Hayward:  Under ORS 742.061(1), a first party plaintiff is entitled to attorney fees if their recovery at trial exceeds…
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Wednesday March 7, 2018 By: Josh Hayward
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