Does Tendering Policy Limits Satisfy an Insurer’s Duty to Defend?
Suzanne Pierce Mark Tyson An adjuster or defense counsel may recognize at some point in a claim – sometimes even pre-litigation – that the insured’s minimum exposure on the claim will exceed policy limits. The insurer may then opt to…
Claim File Disclosure: Tips for Protecting Privileged Information Post-Cedell
Suzanne Pierce Mark Tyson Insurers are sometimes asked by their insureds for a copy of the claim file, which may include sensitive information such as coverage analysis (by in-house or outside counsel), adjuster notes regarding claim value, SIU/surveillance reports, or…
Oregon Supreme Court Expands Application of Statutory Damages Cap
Jonathan Henderson During a wave of tort reform that swept the country in the 1980’s, the Oregon legislature enacted a cap limiting recovery of noneconomic damages to $500,000. That statute is still on the books today. But in the years since its enactment, the cap has been deemed…
Recent Case May Change How Insurers Provide Coverage to Medical Marijuana Growers
Darren Beatty Liability insurers of marijuana businesses are probably already aware of Tracy v. USAA Cas. Ins. Co., 2012 U.S. Dist. LEXIS 35913 (D. HI, Mar. 16, 2012). In Tracy, a medical marijuana user made a claim upon her homeowner’s insurance arising from theft of medical marijuana plants. …