Personal Lines in Oregon and Washington: Recent Case Updates
Webinar
Join Smith Freed Eberhard partners, Josh Hayward and Cliff Wilson, as they provide a basic overview of Oregon and Washington personal lines cases in 2023 and early 2024, including recent developments and real-world examples. View the Recording View the Recording…
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Tuesday June 18, 2024
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. Watch The Recording Watch The Recording Tuesday, April 18th…
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Wednesday April 5, 2023
By: Firm Authorship
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. Watch The Recording Enter your email…
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Wednesday January 26, 2022
By: Josh Hayward
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
Words Heard Beyond the Grave: Washington Appellate Court Determines When a Deceased Party’s Statements Are Admissible
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, Abby…
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Thursday September 16, 2021
By: Firm Authorship
Texting While Driving? Not Relevant!
Legal Alert
From the desk of Cliff J. Wilson: Cellphones are essential to everyday life. However, in Oregon, we all know that we should not use, or even handle, our cellphones while driving due in part to the state’s harsh penalties for…
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Wednesday February 10, 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. Watch The Recording Enter your email below to request more information on this webinar. > Why…
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Friday January 29, 2021
By: Firm Authorship
Is a Bicyclist a Pedestrian? The Washington Supreme Court Says Yes
Legal Alert
From the desk of Josh Hayward: Last year, the Washington Court of Appeals held that bicyclists were not considered pedestrians in the context of PIP coverage, because the plain meaning of the word “pedestrian” does not include cyclists. The Washington…
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Wednesday January 20, 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
Washington’s Made Whole Doctrine Majorly Expanded
Legal Alert
From the desk of Josh Hayward: Washington’s Made Whole Doctrine establishes that a person with insurance must be fully reimbursed for their losses, or “made whole,” before the person’s insurance company can take from any third-party recovery proceeds to recoup…
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Wednesday December 9, 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 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
Washington Will Soon Require Insurers to Inform their Washington Insureds of the Availability of Agency Assistance
Legal Alert
From the desk of Jean Kang and Cliff Wilson: Insurers and claims professionals who do business in Washington are no strangers to the relatively unfriendly legal landscape created by state statute and case law. Insurers are subject to strict regulation…
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Tuesday July 14, 2020
By: Firm Authorship
Research Pays Off (to the Tune of $2.2 Million)
Success Story
Claims Alleged: Automobile Accident; Personal Injury Amount Claimed: $2,200,000 The Overview Smith Freed Eberhard obtained a favorable verdict for its client in a case demanding significant economic and non-economic damages resulting from a car accident. The Strategy The Smith Freed…
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Friday December 20, 2019
By: Firm Authorship
Rejected: A Desperate Attempt to Recover Expenses
Success Story
Claims Alleged: Personal Injury/Automobile Collision Amount Claimed: $70,000-$250,000 The Background In a case that started out as a relatively straightforward personal injury claim between two motorists, Smith Freed Eberhard secured a victory on a motion for summary judgement. The Case…
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Friday December 20, 2019
By: Firm Authorship
The Early Bird Gets the Case Dismissed
Success Story
Claims Alleged: Intentional Infliction of Emotional Distress Injuries Alleged: Emotional Distress The Overview Smith Freed Eberhard succeeded in obtaining complete dismissal based on the pleadings through immediate, decisive, and aggressive action. The Background The claim arose from a car accident…
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Friday December 20, 2019
By: Josh Hayward
