Indemnification Promises: The Risks of Risk Transfer
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Melanie Rose: In Oregon, the duty to defend and the duty to indemnify are distinct. Whether an insurer has a duty to defend an action against its…
Read more »
Thursday August 12, 2021
By: Melanie Rose
Indemnification Promises: The Risks of Risk Transfer
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…
Read more »
Thursday August 12, 2021
By: Melanie Rose
Oregon Supreme Court Issues Final Determination – Oregon’s $500,000 Noneconomic Damages Cap is Gone, at Least for Those Not Gone.
Legal Alert
From the desk of Jeff Eberhard: Hear Ye Hear Ye! Read all about it. The Oregon Supreme Court has issued a landmark opinion addressing once and for all a topic of heated debate between Oregon’s plaintiff and defense bars. No…
Read more »
Monday August 17, 2020
By: Jeff Eberhard
Oregon Extends Statutory Limitations Period on Most Civil Claims Due to COVID-19
Legal Alert
From the desk of Jeff Eberhard: Plaintiffs have an interest in being able to bring lawsuits to recover for damages they believe were caused by a defendant. Defendants have a countervailing interest in ensuring that they are not forever exposed to a potential claim. The…
Read more »
Thursday July 16, 2020
By: Jeff Eberhard
Washington Supreme Court Holds That an Insurance Company Agent with Authority Can Bind the Insurance Company to Provide Coverage
Legal Alert
From the desk of Kyle Riley: The Washington Supreme Court recently responded to a question certified by the Ninth Circuit Court of Appeals. The question was one of agency. Specifically, it was unclear whether, under the facts at hand, defendant Selective…
Read more »
Friday May 29, 2020
By: Kyle Riley
Four Smith Freed Eberhard Attorneys Recognized as 2020 Super Lawyers and Rising Stars.
Award & Recognition
Smith Freed Eberhard is proud to announce that 3 of our attorneys have been recognized as 2020 Super Lawyers and Rising Stars. Each year, Super Lawyers selects attorneys through a multi-phase selection process based on peer nominations, evaluations and independent…
Read more »
Thursday February 20, 2020
By: Firm Authorship
Oregon Court of Appeals Examines “Employee Dishonesty” and “Prior Insurance” Clauses in a Claim Arising from an 8-Year, $800,000+ Embezzlement by Claimant’s Bookkeeper.
Legal Alert
From the desk of Jeff Eberhard: Under Oregon law, insurance policies are generally construed in favor of the insured where terms are ambiguous or coverage unclear. However, well-drafted clauses can save on paying out costly claims. In this case update,…
Read more »
Wednesday February 19, 2020
By: Jeff Eberhard
Recent Landmark Decisions on the Noneconomic Damages Cap in Oregon
Webinar
Webinar Available On-Demand Enter your email below to request more information on this webinar. > Join Smith Freed Eberhard Managing Partner Jeff Eberhard and Partner Bill Taaffe as they provide a historical overview of the statutory noneconomic damages cap and…
Read more »
Thursday January 11, 2018
By: Jeff Eberhard
Utilizing Probability Analysis in Claims Evaluation: A Systematic Approach
Webinar
Webinar Available On-Demand Enter your email below to request more information on this webinar. > Smith Freed Eberhard Partner Josh Hayward as he discusses utilizing decision trees and probability analysis to evaluate claims. In this one hour presentation will discuss…
Read more »
Thursday May 4, 2017
By: Josh Hayward
A History of Multnomah County High-Value Verdicts
Webinar
Webinar Available On-Demand Enter your email below to request more information on this webinar. > Smith Freed Eberhard Partner, Ryan McLellan discusses how Multnomah County's (Portland, OR) recent high-value verdicts will affect you and your claims handling. In this one…
Read more »
Tuesday November 1, 2016
By: Ryan McLellan
Oregon Case Update: The Return of the Tort Cap! Oregon’s Supreme Court Reverses Two Prior Decisions in New Landmark Case
Legal Alert
From the desk of Jeff Eberhard: Back in 1987, the Oregon legislature enacted a limit on noneconomic damages of $500,000 in personal injury cases, but soon after that the Oregon Supreme Court held in two cases that those limits were…
Read more »
Thursday June 9, 2016
By: Jeff Eberhard
The Art of Arbitration: Strategically Structuring Your Case in Washington
Webinar
Webinar Available On-Demand Enter your email below to request more information on this webinar. > Smith Freed & Eberhard Partner, Kyle Riley, will take attendees through the mandatory arbitration process and provide insight as to how to strategically structure your…
Read more »
Wednesday August 12, 2015
By: Kyle Riley
Washington Case Update: Corporate Confusion: Amending the Complaint after the Statute of Limitations Period
Legal Alert
From the desk of Kyle Riley: Is a plaintiff allowed to amend her complaint after the statute of limitations has run where she named the wrong company due to confusing corporate identities? Read on to find out how the Washington…
Read more »
Wednesday February 25, 2015
By: Kyle Riley
Washington Case Update: Not So Personal Service: Secondhand Service Sufficient
Legal Alert
From the desk of Kyle Riley: Is the benevolent relative who hands the defendant an improperly served summons and complaint an inadvertent process server? Read on to find out how the Washington Supreme Court resolved this question. Claims Pointer: A…
Read more »
Thursday February 12, 2015
By: Kyle Riley
Washington Case Update: Allegations of Intentional Assault? The Duty to Defend is Unlikely
Legal Alert
Insurers should be aware that the Washington Court of Appeals recently held an insurer’s duty to defend did not arise under either the insured’s home or automobile policy when the notice of the claim and Complaint alleged the insured intentionally…
Read more »
Wednesday February 4, 2015
By: Firm Authorship
Settlement Navigation
Webinar
The majority of legal claims filed in civil court do not reach the trial stage and many informal settlements take place before any lawsuit is filed. It's important that claims professionals understand how to engage in good faith settlement negotiations…
Read more »
Wednesday August 27, 2014
By: Ryan McLellan
2013 – Washington Cases Law Update
Webinar
In this one hour presentation, Smith Freed & Eberhard Partners Josh Hayward and Kyle Riley, reviewed the cases that have made the biggest impact on Washington law. The presentation covered the following topics: A case overviewAn explanation of how…
Read more »
Wednesday February 19, 2014
By: Josh Hayward