The Northwest Policyholder
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Why a Decision on the Construction Statute of Repose Matters for Coverage in Oregon
My colleagues Stacey Martinson and Christi Taylor posted an excellent summary on our From the Ground Up blog of a new Oregon Supreme Court decision—Shell v. Schollander Companies, Inc., 350 Or 552 (2016)—on when Oregon's ten-year statute of...
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New Law in Oregon Means Policyholders Should Now Report Bad Behavior to Insurance Commissioner
This week, Oregon's governor signed into law SB 1591A, which permits the Insurance Commissioner (part of the Department of Consumer and Business Services, or DCBS) to release complaints made to DCBS about insurance company claims handling practices,...
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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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Top Five Cyber Coverage Considerations for Northwest Businesses
Cyber coverage is a frequent topic of conversation among those involved in risk management. Here are my top five things for Northwest businesses to consider, from a coverage lawyer's perspective.
1. Accurately assess your risks....
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Confluence of "Cyber" Events Has Directors & Officers Concerned About Coverage
Three "cyber"-related events in the last month have made corporate directors and officers sit up and take notice when it comes to cyber breaches and cyber coverage.
First, the Third Circuit's decision in Federal Trade Commission v. Wy...
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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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