Practice Area
Umuim
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 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 to a guest passenger injured by one of its insured drivers in a single-vehicle accident. Was Progressive’s denial of benefits…
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Wednesday December 30, 2020 By: Cliff Wilson
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. Part of the criteria is that the insurer must accept coverage and only contest liability of the uninsured and damages.…
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Thursday November 19, 2020 By: Josh Hayward
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 Defendant, particularly in cases involving insurance company defendants, like cases involving underinsured motorist claims (UIM).  Recently, the Oregon Court of…
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Thursday November 12, 2020 By: Cliff Wilson
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, Josh and Cliff discuss recent developments in Oregon law including: (HB 4212) The statute of limitations on most civil claims…
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Friday October 23, 2020 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 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
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
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 discuss: General rules for attorney fee exposure in first UM/UIM party claims; Safe harbor letters; What constitutes proof of loss;…
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Friday October 5, 2018 By: Cliff Wilson
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 by the insurer.  However, in the context of UM/UIM claims, ORS 742.061(3) provides that the insurers can protect themselves from…
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Thursday July 12, 2018 By: Josh Hayward
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
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
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 individual insurance adjuster also be liable for bad faith or CPA claims?  Read on to find out. Claims Pointer: In…
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Thursday April 5, 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
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 first party claim.  However, in the underinsured motorist (“UIM”) context, the insurer can avoid paying attorney fees so long as…
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Thursday January 25, 2018 By: Josh Hayward
Legal Alert
Oregon Case Update: UM/UIM Insurer May Dispute Damages without Losing Safe Harbor Oregon law provides for attorneys’ fees in PIP and UM/UIM claims if the insurer does not settle with its insured and the insured sues in court and recovers more than the insurer’s best offer.  However, the insurer can avoid an attorneys’ fee award by sending a “safe harbor”…
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Thursday July 6, 2017 By: Cliff Wilson
Legal Alert
Oregon Case Law Update: “Formal Institution” of Arbitration Proceedings Requires Explicit Offer or Demand to Arbitrate From the desk of Josh Hayward: Oregon law allows an insurer to place conditions limiting when an insured has a cause of action against the insurer for uninsured/underinsured motorist (“UM/UIM”) benefits, including mandating that the insured or the insurer “formally institute” arbitration proceedings within…
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Thursday June 1, 2017 By: Josh Hayward
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