Kevin Mapes | The Policyholder Report | December 14, 2016 Back in August 2015, I wrote this post about the Oregon Court of Appeals opinion in West Hills Development Co. v. Chartis Claims, Inc., where the court confirmed that Oregon’s broad duty to defend extended to parties claiming rights as “additional insureds.” Last week, the… Continue reading Oregon Supreme Court Reaffirms Broad Nature of the Duty to Defend, even in the Face of Ambiguous or Unclear Allegations
Tag: Oregon
Oregon Federal Court Endorses Broad Definition of “Property Damage”
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”
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”