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

Oregon Court of Appeals Rejects Insurer’s Attempt to Cast its Own Insured as Just Another Insurer

Dwain Clifford | The Policyholder Report | March 1, 2017 You’re sued. You tender the defense of the lawsuit to your insurer, but it refuses to defend you. You settle the case and then file a lawsuit against your insurer for what it should have paid to defend you while sitting out of the fight.… Continue reading Oregon Court of Appeals Rejects Insurer’s Attempt to Cast its Own Insured as Just Another Insurer

Oregon Supreme Court Rules Insurer May Owe Attorney Fees Even After Settlement

Terri A. Sutton | Cozen O’Connor | March 1, 2017 The Oregon Supreme Court, in Long v. Farmers Insurance Company of Oregon, ruled that “when an insured files an action against an insurer to recover sums owing on an insurance policy and the insurer subsequently pays the insured more than the amount of any tender… Continue reading Oregon Supreme Court Rules Insurer May Owe Attorney Fees Even After Settlement

A “Recovery” Against Insurers in Oregon does not Require a Money Judgment

Dwain Clifford | The Policyholder Report | February 8, 2017 Last week, the Oregon Supreme Court made it just a little easier for an insured to recover the attorney fees that it has been forced to spend in compelling an insurer to pay up. In Long v. Farmers Ins. Co. of Oregon, the Supreme Court… Continue reading A “Recovery” Against Insurers in Oregon does not Require a Money Judgment

Oregon Supreme Court Confirms Broad Duty to Defend

Theresa Guertin | Saxe Doernberger & Vita, PC | January 2017 The Supreme Court of Oregon issued a decision at the end of last year which perfectly illustrates the lengths to which a court may go to grant a contractor’s claim for defense from its insurer in a construction defect suit. In West Hills Development… Continue reading Oregon Supreme Court Confirms Broad Duty to Defend