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Beware the Covenant Judgment

Posted by Unknown | Aug 31, 2021 | 0 Comments

An insured defendant's ability to independently negotiate a settlement where its insurer declines to settle is well established. This involves the insured defendant entering into a settlement agreement with the plaintiff in exchange for a covenant not to execute the judgment against the defendant...

Washington Slip and Fall Claims Broadened as Reasonable Foreseeability Exception to Notice Requirement Applies to More Than Just ‘Self-Service Department’ Areas of Stores.

Posted by Amanda S. Holder | Jun 30, 2021 | 0 Comments

This dispute involved a slip and fall accident between Betsy Johnson and the State of Washington Liquor and Cannabis Board (“WSLCB”). Johnson fell in the entryway of a WSLCB tore on a wet and rainy day in June 2011. Traditionally, under Washington law, “[t]he plain tiff in a slip and fall case ha...

Oregon Negligent Infliction of Emotional Distress Claim Tolled By Expert Testimony Declaration On Plaintiff’s Mental State.

Posted by Grant M. Elder | Apr 15, 2021 | 0 Comments

Estate of Jacob Thompson, et al. v. Portland Adventist Medical Center, 309 Or App 118 (2021)   for the estate of her son, Jacob Thompson, and Portland Adventist Medical Center (“Portland Adventist”). In the early morning of August 6, 2012, four-day-old Jacob Thompson accidentally suffocated u...

Berger v. Safeco Insurance Company

Posted by Jennifer L. Crow | Feb 01, 2021 | 0 Comments

In a recent decision, the Oregon Court of Appeals determined a UIM claimant's comparative fault is central to the issue of liability and therefore a defendant can raise the issues and remain under the protection of the safe harbor.[1] Under ORS 742.061 an insured can recover atto...

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