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Oregon Court Rejects Insurer's "Trained Monkey" Defense
In order to avoid providing a defense to an insured, insurance companies often argue that the complaint or demand does not clearly allege covered damage. I call this the "trained monkey" defense - essentially, the insurance company's position...
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Oregon District Court Provides Clarification on Environmental Coverage Issues
In the most recent opinion in the ongoing Marine Group litigation, Judge Acosta clarified two issues that recur in complex environmental insurance litigation: first, which party has the burden of proving that incurred defense costs were reasonable an...
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Why You Need More Than Just a Certificate of Insurance
It is common practice for entities such as owners, contractors and design professionals to contractually require another party to provide insurance. The most common method of providing information related to this requirement is through a certificate...
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