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July 2011 Last month, the Oregon Court of Appeals was faced with that familiar situation: a Washington resident with a Washington insurance policy files a breach of contract action against her insurance company here in Oregon. Typically, the only connection … Continue reading
May 2011 In a construction defect action, does an insurance company have a duty to defend an insured-contractor when the claimants’ complaint does not specifically allege that construction defects resulted in “property damage” to other property? Relying on a difference … Continue reading
April 2011 SB 961: Prohibiting construction contract provisions that require waiver of subrogation, indemnification and contribution rights. A recently introduced Senate Bill that seeks to amend Oregon Revised Statute 30.140 has created considerable interest among general contractors, subcontractors, the Oregon … Continue reading
The Oregon Supreme Court Makes It More Challenging For Contractors To Protect Themselves From Negligence Claims Through Contract Suppose an individual and a contractor enter into a contract to build a home providing that the contractor will install copper pipe … Continue reading
April 2011 The Oregon Court of Appeals, in A.G. v. Guitron, recently held that ORCP 44(c), which provides for the disclosure of “all written reports and existing notations of any examinations relating to injuries for which recovery is sought,” includes … Continue reading
January 2011 Construction defect litigation inevitably includes claims by a general contractor against its subcontractors for both defense and indemnity. Defense and indemnity, while different, are related. There are three general categories of claims general contractors bring to seek defense … Continue reading
The so-called Four-Corners Test (also referred to as the Eight-Corners Test) as set forth in the seminal case of Ledford v. Gutoski, 319 Or 397 (1994), has long been considered the standard by which an insurer’s duty to defend is … Continue reading
August 2010 Wouldn’t it be great if you didn’t have to pay attorney fees in that coverage action? A recent Oregon Court of Appeals decision explains why you might be off the hook. On April 28, 2010, the Oregon Court … Continue reading
In April, the Oregon Court of Appeals released Wilson v. Tri-Met, 234 Or App 615, 228 P3d 1225 (2010), a new decision addressing an insured’s right to attorney fees pursuant to ORS 742.061. This time, the court discussed the intersection … Continue reading
March 2010 Oregon law requires insurers to pay attorney fees in lawsuits where the insurer fails to settle the claim within six months of plaintiff filing a “proof of loss” and where plaintiff’s recovery exceeds any settlement offer made by … Continue reading
