Matthew H. Mues | Davis Wright Tremaine On September 13, 2023, the Oregon Court of Appeals (“Court”) addressed several arguments made by an insurer, Arrowood Indemnity Company (“Arrowood”), as to why it did not have a duty to defend, or why it should only defend covered claims, in environmental litigation involving the Portland Harbor Superfund… Continue reading Oregon Court of Appeals Addresses an Insurer’s Duty to Defend and Affirms “Complete Defense” Rule
Category: Insurance Claims
Construction Law and Alternative Dispute Resolution: A Look at Current Trends
Jennifer Grippa, Barry Howard and Christopher Smith | Miles Mediation & Arbitration Construction law encompasses a vast area of state and federal laws, rules, and regulations. Construction lawsuits may include issues of commercial law, contract law, employment law, environmental law, personal injury claims, property law, and regulatory claims, among others, and often involve multiple parties… Continue reading Construction Law and Alternative Dispute Resolution: A Look at Current Trends
The Impact of Conflict of Law on Insurance Claims
John Koch | Flaster Greenberg When determining whether insurance coverage exists for a claim, a crucial consideration is whether the claim involves an event or occurrence that took place in a state other than where the relevant policy was delivered. This is often the case for large companies with national operations or markets. When this… Continue reading The Impact of Conflict of Law on Insurance Claims
Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance
Marisa Miller, John Yacoelle and Kazim Naqvi | Construction & Infrastructure Law Blog On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day weekend in 2020. PacifiCorp prevailed against the plaintiffs… Continue reading Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance
Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” Defense
David Adelstein | Florida Construction Legal Updates When it comes to giving your insurance carrier notice of claim, I am an advocate of providing that notice as soon as possible, i.e., prompt notice. The reason is to take away the carrier’s argument to deny coverage because you, as the insured, failed to provide it with prompt… Continue reading Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” Defense