Practice Area
Pip
Webinar
Smith Freed Eberhard partners Josh Hayward and Melanie Rose discuss significant cases of the past year in Washington, with a focus on Personal Lines claims management. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic overview of significant cases over the last year and their impact on Personal Lines claims management. This webinar will prepare you…
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Friday January 29, 2021 By: Josh Hayward
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 Supreme Court just re-examined the issue. What exactly did the court decide? And how did it arrive at this conclusion?…
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Wednesday January 20, 2021 By: Josh Hayward
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 is sent, can an insurer allege that its own insured was at fault for causing the collision without injecting an…
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Thursday September 17, 2020 By: Josh Hayward
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 not include bicyclists. Case Pointer: In this case from the Washington Court of Appeals, an insured argued that even though…
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Thursday September 10, 2020 By: Josh Hayward
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 the third-party administrator play a role in determining whether they are or are not an actual insurer for purposes of…
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Thursday July 16, 2020 By: Jeff Eberhard
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 When Smith Freed Eberhard was first assigned the case, we were able to negotiate a settlement and release with the…
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Friday December 20, 2019 By: Firm Authorship
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 driver (the tortfeasor) failed to stop and rear-ended her vehicle. The tortfeasor’s insurer settled with the claimant for $25,000. Smith…
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Friday December 20, 2019 By: Firm Authorship
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 and settle your claims. Enter your email below to request the handout. Download the HandoutBe In The KnowBut Know We Have…
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Tuesday November 26, 2019 By: Jeff Eberhard
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 put their injuries at issue. Does the physician-patient privilege in Oregon’s evidence code now allow plaintiffs to refuse to answer…
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Thursday December 6, 2018 By: Cliff Wilson
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 specific procedures in specified geographic areas. Some states, such as Oregon, have prohibited this practice. Is Washington the next state…
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Thursday November 15, 2018 By: Thomas McCurdy
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 exposure can make a mistaken coverage denial costly. If there is any doubt, the insurer can file a declaratory action…
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Thursday November 1, 2018 By: Kyle Riley
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 are permanent. What evidence is required for plaintiffs to prove that the alleged injuries are permanent? Read on to find…
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Tuesday September 25, 2018 By: Josh Hayward
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 must provide certain benefits (e.g. medical expenses and wage loss) to insured drivers involved in car accidents, without regard to…
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Friday September 21, 2018 By: Cliff Wilson
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 list of permissible limitations on PIP benefits.  If an insurer’s policy limits PIP benefits to treatment that is essential to…
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Thursday July 5, 2018 By: Thomas McCurdy
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 UIM and PIP claims. Among other requirements, acting in good faith requires an insurer to act “reasonably.” In the event…
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Thursday May 31, 2018 By: Josh Hayward
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 application form.  When the insured later sues the defendant who was allegedly at fault for the accident, can the PIP…
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Thursday May 10, 2018 By: Josh Hayward
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 rules on floating/stacking; Time limitations on medical benefits under PIP; and Definition of damages under the PIP and UIM…
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Tuesday April 24, 2018 By: Josh Hayward
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 the amount tendered by the insurer.  However, in PIP and UM/UIM disputes an insurer can protect themselves from the risk…
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Wednesday March 7, 2018 By: Josh Hayward
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