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

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 Wilson, a Partner in the Oregon office, discusses Smith Freed Eberhard’s latest Legal Alert, “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”. In this case, the Oregon Supreme Court ultimately decided that (1) the underlying liability of the negligent drivers did not determine the limits of Plaintiff’s UIM coverage; (2) the jury could properly conclude that it could not apportion damages between two accidents; and (3) the jury was permitted, but not required, to find that both accidents caused Plaintiff’s injuries under settled principles of causation.

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