Are Your Pre-Litigation UIM Investigations and Negotiations Setting You Up for Potential Attorney Fee Awards and Costs if Subsequent Litigation is Filed?
Legal Alert
From the Desk of Ashley Nagrodski: It is imperative that your pre-litigation UIM evaluations take a pro-active approach when investigating your insured’s claims and that you make an offer to pay once the investigation is complete. Failure to properly investigate,…
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Wednesday September 13, 2023
By: Ashley Nagrodski
The Risk of Attorney Fees in UIM Cases: A Brief Update on Recent Case Law
Webinar
Join Smith Freed Eberhard Partner Ashley Nagrodski and Senior Associate John Barton as they discuss a recent significant case, Ratty v. Progressive, and the timeline of UIM claims handling in the state of Washington. This case is important for insurers…
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Tuesday September 5, 2023
By: Firm Authorship
Personal Lines in Oregon and Washington: 2022 Year in Review
Webinar
Join Smith Freed Eberhard partners, Cliff Wilson and Josh Hayward, as they provide a basic overview of Oregon and Washington personal lines cases in 2022 including recent developments and real-world examples. Webinar Available On-Demand View the Webinar Tuesday, April 18th…
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Wednesday April 5, 2023
By: Firm Authorship
Treble in the Insurance World: Noneconomic Damages and Actual Damages
Legal Alert
From the Desk of Brian Schiewe: In Washington, under the Insurance Fair Conduct Act (“IFCA”), insureds can recover any “actual damages” sustained from the unreasonable denial of a claim. The “actual damages” may also be trebled if the court believes…
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Friday June 17, 2022
By: Brian Schiewe
Oregon Court of Appeals Holds Once You Leave Safe Harbor You Cannot Re-Enter
Legal Alert
From the Desk of Melanie Rose: Safe harbor is an important aspect of UIM claims as it provides an avenue to escape the general rule that prevailing plaintiffs in insurance policy actions are entitled to attorney fees. In order to…
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Thursday April 21, 2022
By: Melanie Rose
Personal Lines in Oregon and Washington – 2021 Year in Review
Webinar
Join Smith Freed Eberhard Partners Josh Hayward and Cliff Wilson as they discuss significant personal lines cases of 2021 in Oregon and Washington with a focus on the impact these cases will have on personal lines claims management. Webinar Available On-Demand Enter your email…
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Wednesday January 26, 2022
By: Josh Hayward
So You Paid PIP and the UIM Case Is Going to Trial. Can the PIP Payments Be Disclosed to the Jury and How Do You Preserve Your Offset?
Legal Alert
From the Desk of Josh Hayward: In this case, the plaintiff brought an underinsured motorist claim against her insurance company State Farm Mutual Automobile Insurance. Plaintiff claimed that she incurred more than $150,000 in related medical bills but only requested…
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Friday October 29, 2021
By: Josh Hayward
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…
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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…
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Thursday October 14, 2021
By: Firm Authorship
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
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
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
Washington Personal Lines – 2020 Year in Review
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. Webinar Available On-Demand Enter your email below to request more information on this webinar. > Why…
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Friday January 29, 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
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
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
