Alex Corey | Constructlaw | June 22, 2017 Alkemade v. Quanta Indem. Co., 2017 U.S. App. LEXIS 6896 (9th Cir. Apr. 20, 2017) In 1994, Adrianus and Rachelle Alkemade (the “Alkemades”) bought a house from Meltebeke Built Paradise Homes (“Meltebeke”). The home was built on expanding soils, causing significant structural damage. Meltebeke repaired the existing… Continue reading Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor’s Negligent Repair of a Prior Negligent Act
Tag: Oregon
Prior Knowledge of Risk of Property Damage Not Enough to Preclude Coverage by Known Loss Provision
Katie M. Sluss | Cozen O’Connor | May 31, 2017 Last month, the Ninth Circuit Court of Appeals, in an unpublished decision of first impression under Oregon law, held that damage sustained after a negligent repair is not a continuation, change, or resumption of known property damage. Alkemade v. Quanta Indemnity Co., No. 14-35605, 2017… Continue reading Prior Knowledge of Risk of Property Damage Not Enough to Preclude Coverage by Known Loss Provision
Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder
Jason Morris | PropertyCasualtyFocus | May 5, 2017 The general rule regarding a party’s responsibility for legal fees in U.S. courts, known as the “American Rule,” provides that, barring a contrary contractual obligation or statute, each party is responsible for its own legal fees, regardless of a dispute’s outcome. Although statutory exceptions to this rule… Continue reading Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder
Claims Handling Requirements by State – Oregon
Robert Trautmann | Property Insurance Coverage Law Blog | April 30, 2017 Next up in our state-by-state anthology of claims handling guidelines is the Beaver State – Oregon. Claims handling in Oregon is governed by the Oregon Administrative Rules. Oregon gives insurance carriers a long time to acknowledge claims as compared to many other states;… Continue reading Claims Handling Requirements by State – Oregon
Pollution Exclusion Precluded Coverage for Claims Arising from Alleged Carbon Monoxide Poisoning, Oregon District Court Rules
Steven A. Meyerowitz | Law.com | March 21, 2017 A federal district court in Oregon has ruled that carbon monoxide was a “pollutant” as defined in a commercial general liability (“CGL”) insurance policy such that the policy’s pollution exclusion served to exclude coverage for claims arising from alleged carbon monoxide poisoning. The Case Lawsuits filed… Continue reading Pollution Exclusion Precluded Coverage for Claims Arising from Alleged Carbon Monoxide Poisoning, Oregon District Court Rules