Violation of the Oregon Insurance Code Sufficient to Give Rise to First-Party Claim for Emotional Distress Damages
Legal Alert
From the Desk of Melanie Rose: Historically, Oregon courts have limited first-party insurance cases to claims sounding in contract, largely rejecting tort claims in first-party cases absent a special relationship between the carrier and insured that was separate and distinct…
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Wednesday June 5, 2024
By: Melanie Rose
Negligent Claims Handling & Extracontractual Damages
Webinar
Join Smith Freed Eberhard Partners Melanie Rose and Cliff Wilson as they discuss one of the most significant cases relating to Oregon Insurance law in recent memory, Moody v. Oregon Community Credit Union. This case, which has now been upheld…
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Wednesday February 14, 2024
By: Firm Authorship
Billion Dollar Bust
Success Story
Claims Alleged: Insurance Bad Faith, CPA Violations, Class Action Damages Alleged: Property Damage, Attorney Fees, Treble Damages, Class Action Civil Penalties Admitted Liability: No The Overview: It’s not every day that an opposing attorney tells you he thinks his case…
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Thursday June 2, 2022
By: Cliff Wilson
Moody v. Oregon Community Credit Union: An In-Depth Discussion
Webinar
Join Smith Freed Eberhard Partners Cliff Wilson and Melanie Rose as they discuss one of the most significant Oregon cases in 2022, Moody v. Oregon Community Credit Union. This case has created concern for first-party bad faith claims against insurers…
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Tuesday April 5, 2022
By: Cliff Wilson
Pre-litigation Bad Faith Conduct Leaves Losing Party Fronting the Bill
Legal Alert
From the Desk of Kyle Riley: The American rule has long held that each party must bear its own litigation fees and costs. This rule was instituted so that no party would be dissuaded to pursue or defend a claim…
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Thursday March 24, 2022
By: Kyle Riley
First-Party Bad Faith in Oregon? Are the Floodgates About to Open? Violations of the Oregon Insurance Code Held to Give Rise to the Pursuit of Emotional Distress Damages
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 Partner…
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Thursday February 10, 2022
By: Cliff Wilson
First-Party Bad Faith in Oregon? Are the Floodgates About to Open? Violations of the Oregon Insurance Code Held to Give Rise to the Pursuit of Emotional Distress Damages
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the Desk of Cliff Wilson: In the past, Oregon Courts have been reluctant to recognize first-party bad faith claims against insurers, and only allowed tort claims against an insurer in…
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Thursday February 10, 2022
By: Cliff Wilson
Washington Court of Appeals Paves the Road to Costly Attorneys’ Fees in Cases Affecting Title to Real Property – The Briefing
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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Wednesday August 25, 2021
By: Firm Authorship
COVID-19 in Review: How Emerging Lawsuits Will Impact Future Litigation
Webinar
Join Smith Freed Eberhard Managing Partner Jeff Eberhard discuss the new and unique lawsuits we have seen over the last year as a result of the COVID-19 pandemic and the impact these emerging lawsuits will have on future litigation. Watch…
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Friday July 2, 2021
By: Jeff Eberhard
The Briefing: Is UIM Coverage for Claimants in Insured Vehicles on the Horizon in Oregon?
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 June 16, 2021
By: Cliff Wilson
Washington Commercial Lines – 2020 Year in Review
Webinar
Smith Freed Eberhard partner Kyle Riley discusses significant cases of the past year in Washington, with a focus on commercial lines claims management. Watch The Recording Enter your email below to request more information on this webinar. > Why Watch…
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Friday April 2, 2021
By: Kyle Riley
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
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
Washington Supreme Court Reminds Insurers That the Benefit of the Doubt is Not Theirs in Questions of Coverage Denial
Legal Alert
From the desk of Kyle Riley: When a consumer purchases a policy of insurance, there is little doubt that they expect to be able to rely on their coverage when disputes arise. Washington courts have made the state’s policy clear:…
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Monday September 21, 2020
By: Kyle Riley
Washington Supreme Court Holds That an Insurance Company Agent with Authority Can Bind the Insurance Company to Provide Coverage
Legal Alert
From the desk of Kyle Riley: The Washington Supreme Court recently responded to a question certified by the Ninth Circuit Court of Appeals. The question was one of agency. Specifically, it was unclear whether, under the facts at hand, defendant Selective…
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Friday May 29, 2020
By: Kyle Riley
Washington Supreme Court Bars Bad Faith and CPA Claims Against Adjuster
Legal Alert
From the desk of Joshua Hayward: After the Washington Court of Appeals ruled that individual insurance adjusters could be sued personally for bad faith and Consumer Protection Act (“CPA”) violation claims in 2018, the Washington Supreme Court reviewed that decision. Case Pointer: In its 2018 decision in Keodalah v. Allstate Insurance Co., 3 Wn. App. 2d 21, the…
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Tuesday May 12, 2020
By: Josh Hayward
