Practice Area
UM/UIM
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
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
Oregon Personal Lines – Year in Review
Webinar
Smith Freed Eberhard Partners Josh Hayward and Cliff Wilson discuss major Personal Lines cases of the past year in Oregon with a focus on the impact these cases will have on Personal Lines claims management. In this hour-long webinar presentation,…
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Friday October 23, 2020 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
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
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
Attorney Fee Exposure in UM/UIM
Webinar
The Scariest Thing This Halloween— Attorney Fee Exposure in UM/UIM Smith Freed Eberhard Partner, Cliff Wilson provides an overview and discussion on minimizing the risk of attorney fees in first party UM/UIM claims.  In this hour-long Webinar presentation, Cliff will…
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Friday October 5, 2018 By: Cliff Wilson
Oregon Case Law Update: Insurer’s Safe Harbor Letter Insufficient to Express Consent to Binding Arbitration
Legal Alert
Oregon Case Law Update: Insurer’s Safe Harbor Letter Insufficient to Express Consent to Binding Arbitration From the Desk of Joshua P. Hayward: ORS 742.061(1) entitles a first-party plaintiff to attorney fees if the plaintiff’s ultimate recovery exceeds the amount previously tendered…
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Thursday July 12, 2018 By: Josh Hayward
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
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
Washington Case Law Update: Washington Court of Appeals Allows Bad Faith and CPA Claim Against Adjuster
Legal Alert
From the Desk of Joshua P. Hayward: When insurance adjusters allegedly act in bad faith or engage in unfair or deceptive acts, the insurance company can be exposed to bad faith claims or Consumer Protection Act (“CPA”) violation claims.  Can the…
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Thursday April 5, 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
Oregon Case Law Update: Court Rules Letter Insufficient to Entitle the Insurer to the "Safe Harbor" Protection
Legal Alert
Oregon Case Law Update: Court Rules Letter Insufficient to Entitle the Insurer to the "Safe Harbor" Protection  From the desk of Josh Hayward: Under ORS 742.061(1), a first party plaintiff is entitled to attorney fees if they recover on a…
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Thursday January 25, 2018 By: Josh Hayward
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