By Diane Polscer on Posted in Appeals,Recent CasesThe Oregon Court of Appeals delivered a decision in the Certain Underwriters v. Mass. Bonding and Ins Co, 287 Or App 279 (2017). The trial court’s decision to dismiss London’s contribution claims was affirmed. The Court of Appeals decided that the trial court properly concluded that there had been “no final judgment after exhaustion of… Continue Reading
By Diane Polscer on Posted in Duty to DefendSome readers may recall West Hills Development Co. v. Chartis Claims, Inc., 360 Or. 650 (2016), in which the Oregon Supreme Court reaffirmed the law governing the broad duty to defend in Oregon. After that case was decided, a dispute over attorney’s fees remained. Last month, the Oregon Court of Appeals affirmed a supplemental judgment… Continue Reading
By Diane Polscer on Posted in Appeals,Recent CasesThe Oregon Court of Appeals, in Brockway v. Allstate Prop. And Cas. Ins. Co., 284 Or.App. 83 (March 1, 2017), recently ruled in favor of an insurance company’s reliance on a suit limitation policy provision, issuing an opinion that reinforces the value for an insurance company in the practice of reserving all of its rights… Continue Reading
By Diane Polscer on Posted in Appeals,Recent CasesWashington’s Supreme Court Grants Review of Court of Appeals’ Decision Finding No Conflict of Interest for Law Firms that Represent Insurers and Defend Insurers’ Policyholders We previously reported here on the Court of Appeals’ decision in Arden v. Forsberg & Umlauf, 193 Wn. App. 731, 373 P.3d (2016) on May 5, 2015. On September… Continue Reading
By Sara Thorpe on Posted in Duty to Indemnify,Excess and Umbrella Insurance,Liability Coverage,Recent CasesAs insurance is depleted for ongoing claims like asbestos bodily injury and long-term environmental pollution, how an insured is to use its layers of insurance is an issue. The California Supreme Court has been asked to weigh in on the question of whether “horizontal exhaustion” or “vertical exhaustion” principles should apply to excess and umbrella… Continue Reading
By Diane Polscer on Posted in Recent Cases Insurers should welcome the Oregon Court of Appeals’ recent decision in Dewsnup v. Farmers Ins. Co. of Oregon, A136394 (July 1, 2009), because it signals the Court’s reluctance to accept insureds’ arguments that ordinary words are ambiguous — and must be construed in their favor — if they are not defined by the policy.… Continue Reading
By Diane Polscer on Posted in Recent CasesIn Rhiner v. Red Shield Insurance Co., issued May 27, 2009, the Oregon Court of Appeals addressed the issue of whether an individual whom an insured hired directly, and who filed a workers’ compensation claim against the insured for on-the-job injuries is an “employee” or a “temporary worker” within the meaning of the policy. The… Continue Reading
By Diane Polscer on Posted in Recent CasesIn Bresee Homes, Inc. v. Farmers, the Oregon Court of Appeals ruled that the trial court properly granted summary judgment to Farmers based on an exclusion for damages within the products-completed operations hazard in the context of a construction defect claim involving water intrusion. The insured, a general contractor, constructed a residence in 1999. Claims… Continue Reading
By Diane Polscer on Posted in Recent CasesIn Hennessy v. Mutual of Enumclaw Ins. Co., A133592 (April 29, 2009), Oregon’s Court of Appeals adopted a “none of the above” approach to first-party “collapse” claims. The majority of jurisdictions that have considered the undefined term “collapse” have found coverage to be triggered by one of the following three circumstances: (1) a finding of… Continue Reading
By Diane Polscer on Posted in Recent CasesIn General Security Indem. Co. v. Mountain States Mut. Cas. Co., 2009 Colo. App. LEXIS 215 (February 19, 2009), the Colorado Court of Appeals addressed the definition of occurrence in the context of property damage to work done by a subcontractor and that company’s sub-subcontractors. The homeowners’ association for the Summit at Rock Creek filed… Continue Reading
By Diane Polscer on Posted in Recent CasesIn Pritchard v. Regence Bluecross Blueshield of Oregon, 2009 Or. App. LEXIS 51 (January 28, 2009), Oregon’s Court of Appeals reversed a trial court judgment that dismissed an insured’s claim as untimely. The Complaint, filed in December of 2006, alleged that the insurer, Regence Bluecross, breached its health insurance policy by unilaterally changing the terms… Continue Reading
By Diane Polscer on Posted in Recent CasesIn Cain Petroleum Inc. v. Zurich American Insurance Company, Court of Appeals of Oregon, A134133 (December 3, 2008), the Oregon Court of Appeals upheld a distinction in a “Storage Tank System Third Party Liability and Cleanup Policy” between scheduled and unscheduled underground storage tanks (“USTs”). The policy provided coverage for environmental cleanup costs and third… Continue Reading
By Mike Aylward on Posted in Liability CoverageSo you haven’t finished your holiday shopping yet? No worries–here are three new matters that are due to be decided shortly in Massachusets, Pennsylvania and Texas that every insurance maven will want on their year end wish list! 1. Boston Gas v. Century Indemnity, SJC 10246 (Mass.) The Supreme Judicial Court will hear oral argument on January 8, 2009… Continue Reading
By Diane Polscer on Posted in Recent CasesIn Mutual of Enumclaw Ins. Co. v. T&G Construction, Inc., 2008 Wash. LEXIS 1041 (Oct. 23, 2008), the Supreme Court of Washington was “asked to balance the interests of an insured defendant in reaching a reasonable settlement with a claimant against the insurer’s interest in fully litigating its insured’s legal obligation to that claimant.” Although… Continue Reading
By Diane Polscer on Posted in Recent Cases In ZRZ Realty Co. v. Beneficial Fire, et al. (Or. Ct. App., Oct. 1, 2008), the Oregon Court of Appeals ruled on appeals brought by insureds, ZRZ Realty, Zidell Marine, and others (“Zidell”) and Lloyds of London (Lloyds”) regarding trial court rulings reached in 2002 and 2003. The appeal concerned a wide range of issues… Continue Reading
