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. …
Oregon Supreme Court to Review Plaintiff-Friendly Insurance Decision
Bill Earle Chris Parker The Oregon Supreme Court accepted review of the Oregon Court of Appeals’ decision in West Hills Dev. Co. v. Chartis Claims, Inc., 273 Or App 155 (2015), an insurance coverage case in which the…
SELECTING THE CORRECT “SAFE HARBOR” FOR PIP AND UM/UIM CLAIMS
Heather Beasley Oregon Revised Statute 742.061 allows an insured to recover attorney fees from its insurer after a successful lawsuit on the insurance policy. Attorney fees are allowed when the action is filed in an Oregon court, the parties fail to reach settlement within six months from proof…