Practice Area
UM/UIM
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: Gordon Klug
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
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 – 2020 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
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