David Delmar | The Policyholder Report | July 28, 2016 In a recent case, Oregon Shakespeare Festival Ass’n v. Great American Ins. Co., the federal District Court for the District of Oregon adopted a liberal interpretation of “property damage.” The Oregon Shakespeare Festival Association (OSF) suffered a loss during its season: nearby wildfires caused smoke… Continue reading Oregon Federal Court Endorses Broad Definition of “Property Damage”
Tag: Oregon
Oregon Negligent Construction Defect Claims Subject to 2-Year Statute of Limitations
Kevin Clonts | Rizzo Mattingly Bosworth PC | June 2016 On June 16, 2016, the Oregon Supreme Court issued an opinion holding that a two-year statute of limitations applies to negligent construction defect claims, subject to a discovery rule. In Oregon, negligent construction defect claims must therefore be brought within two years of when plaintiff… Continue reading Oregon Negligent Construction Defect Claims Subject to 2-Year Statute of Limitations
Oregon Supreme Court Eases the Path to hold Insurers Accountable for Bad Faith Practices
Kyle Sturm | Ball Janik | November 20, 2015 Yesterday, the Supreme Court of Oregon overruled Stubblefield v. St. Paul Fire & Marine (1973) and paved the way for a more commonsense approach to negotiating stipulated judgments. Stipulated judgments have been a well-worn, though somewhat perilous, mechanism for insureds to resolve liability claims against them… Continue reading Oregon Supreme Court Eases the Path to hold Insurers Accountable for Bad Faith Practices
Oregon’s Broad Duty to Defend Extends to “Additional Insureds”
Kevin Mapes | Ball Janik | August 19, 2015 On August 19, 2015, the Oregon Court of Appeals issued its opinion in West Hills Development Co. v. Chartis Claims, Inc., reaffirming the broad nature of an insurer’s duty to defend, even when that duty is owed to an “additional insured.” Contracting parties rely on indemnity… Continue reading Oregon’s Broad Duty to Defend Extends to “Additional Insureds”
Oregon State and Federal District Courts Interpret Insurance Fee Shifting Statute Broadly
Sally S. Kim and Shannon L. Wodnik | Gordon & Rees LLP | August 6, 2015 In Oregon, ORS 742.061 authorizes an award of attorney fees to an insured that prevails in “an action…in any court of this state upon any policy of insurance of any kind or nature…” The Oregon Supreme Court, in Morgan v.… Continue reading Oregon State and Federal District Courts Interpret Insurance Fee Shifting Statute Broadly