Insurance Archives
Oregon Court of Appeals Rules on Premises Liability
December 2011 The Oregon Court of Appeals recently decided two cases addressing the legal doctrine res ipsa loquitur, to infer negligence against a storeowner for injuries suffered by a customer. Res ipsa loquitur is a rule of circumstantial evidence that … Continue reading
Three attorneys join Dunn Carney
Sept. 2011 Portland, Ore. – Dunn Carney is pleased to announce that Elissa Meyrowitz Boyd, Blair E. McCrory and Mary Anne Nash have joined the firm. Boyd will focus on insurance coverage and commercial litigation and contribute to the … Continue reading
Oregon Court of Appeals Takes Broad View of “Proof of Loss” For UIM Claims
August 2011 Recently, the Oregon Court of Appeals, in Hall v. Speer, ruled than a claimant injured in an automobile accident provided her insurance company “proof of loss” for an underinsured motorist (“UIM”) claim even though the insurance company did … Continue reading
Dunn Carney Sponsors 17th Annual West Region Construction Defect & Insurance Coverage Conference
September 7-9, 2011 Dunn Carney will be a sponsor of the MC Consultants 17th Annual West Region Construction Defect & Insurance Coverage Conference in San Diego, CA. Eric Kekel is a co-chair of the conference and will speak on a panel addressing … Continue reading
Attorney Fees Under ORS 742.061 Applicable only Where Policy is Delivered or Issued for Delivery in Oregon
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
Allegations Of “Shoddy Work,” Not Sufficient to Trigger An Insurer’s Duty To Defend For “Property Damage”
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
Senate Bill 961: Prohibiting construction contract provisions
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
Contract and Tort Theories of Relief Now Permitted to Coexist in Construction
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
Plaintiffs are Required to Produce Reports by Expert Witnesses-a New Wrinkle on Oregon’s Trial by Ambush
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
April 7- David Rossmiller will speak with Peter Viteznik of Kilmer Voorhees.
April 7- David Rossmiller will speak with Peter Viteznik of Kilmer Voorhees at a seminar, Insurance in the Construction Industry, sponsored by The Seminar Group. Their topic will be Insured Coverage: Scope of Coverage: Defense vs. Indemnity; Impact of Anti-Indemnity … Continue reading
