Welcome to “Notes on the Law.” We offer this as an educational feature to highlight areas of the law. It is not intended to be legal advice.
Oregon trial courts are increasingly allowing punitive damages in UM/UIM claims when the underlying accident involves aggravated fault, such as drunk driving.
Can You Recover Punitive Damages in a UM/UIM Claim? Recent Oregon Court Decisions Read More »
In December, 2023, the Oregon Supreme Court decided Moody v Oregon Community Credit Union and Federal Insurance Company, 371 Or 772 (2023). In Moody, a widow sued for her emotional distress caused by her life insurer’s mishandling of the claim for her husband’s death. Plaintiff alleged the carrier violated Oregon’s Fair Claims Practices Act, ORS
If you are injured on the job by the fault of another person who is not a fellow employee, you may have an independent legal claim for your injuries against that at-fault person, in addition to your worker’s compensation. This is called a “Third-Party Claim.”
Occasionally, a liability insurer will make an advance payment toward a claimant’s personal injury or property damage claim before final settlement. An example would be payment of the damages to the claimant’s car in an automobile accident case. When the insurer makes an advance payment, it must give written notice to the claimant of the date that the statute of limitations (the legal deadline) to file suit for the injuries will expire.
Deadline to file suit may be extended when insurer makes an “advance payment.” Read More »
If you have been injured or suffered property damage through the fault of another, but your injuries/damages are not extensive or pertinent, your claim should, and can still be settled quickly and fairly.
If you have been injured by a dog bite, you can recover your economic damages without having to prove that the owner should have known the dog would bite, as long as the dog was not provoked to attack. ORS 31.360 states as follows:
Dog Owners are Strictly Liable in Part for Injuries Caused When Their Dog Bites Someone Read More »
Welcome to “Notes on the Law.” We offer this as an educational feature to highlight areas of the law. It is not intended to be legal advice. Oregon Revised Statute 742.061 provides that: “If settlement is not made within six months from the date proof of loss is filed with an insurer and an action
Insurers may be liable to their insureds for attorney fees Read More »