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…
Bad Faith Bill Fails to Pass Oregon Legislature
Elizabeth Lampson A broad, proposed insurance bad faith statute failed to pass the Oregon 2016 legislative session. The Oregon legislature had a short 35-day session in February 2016, its off-year from a regular session. Typically, sweeping new legislation is not introduced in an off-year session, due to the…
Oregon Supreme Court Applies 10-Year Statute of Repose to “Spec” House Defect Claims
Roland Lau Recently, in Shell v. Schollander Cos.[i], the Oregon Supreme Court considered which of two statutes of repose applies when a buyer enters into a purchase and sale agreement to buy an existing home. The defendant, Schollander Development Company, built…
The Reach of Washington’s Anti-Indemnity Statute
John Moore Washington’s workers’ compensation laws generally prohibit employees from suing their employers when they are injured on the job. But workplace accidents can still lead to litigation for employers when indemnity agreements are in place. In the construction context, indemnity agreements are ubiquitous. A subcontractor will often…