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LONG v. FARMERS INS. CO. – Clarifying the Rules Concerning Attorney Fees in Insurance Cases and Eliminating Gamesmanship

By: Rick Lee

On February 2, 2017, Oregon’s Supreme Court decided Long v. Farmers Ins. Co., 360 Or 791 (2017), concerning an insured’s right to attorney fees under ORS 742.061. The court made three holdings:

  • A “recovery” under ORS 742.016 need not be a money judgment, it need only be the payment of benefits provided by the policy.
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Oregon Laws Positively Impacting Oregon Motorcyclists

By: Wendy Kent

Under current Oregon law, a person commits the offense of “vehicular assault” of a bicyclist or pedestrian if they recklessly operate a vehicle upon a highway in a manner that results in contact between the vehicle and a pedestrian, bicycle or bicycle operator, when this contact results in physical injury to the pedestrian or bicycle operator.… Read more

Oregon Supreme Court Addresses Physician-Patient Privilege

By: Jason Gardner

Many of Oregon’s discovery rules surprise out-of-state litigators and clients. The most obvious of these is the prohibition of expert discovery. Similarly, the lack of interrogatories enhances Oregon’s reputation as a “trial by ambush” state. While fact-pleading can be a mitigating factor, a well-pled complaint is no substitute for complete discovery.

An additional oddity for Oregon is the continuation of physician-patient privilege through discovery even when plaintiff’s physical condition is at issue.… Read more

Anti-Assignment Clause in Contractor’s Insurance Policy Held Enforceable

By: Jamison McCune

The Oregon Court of Appeals recently held, in Clinton Condominiums Owners Association v. Truck Ins. Exch., 282 Or App 484 (Nov. 30, 2016), that a contractor could not assign breach of contact claims against its insurer because of an anti-assignment clause in the contractor’s insurance policy. The Clinton decision illustrates an important limitation on the use of covenant judgments.… Read more

Considerations for Sureties Facing Motor Vehicle Dealer Surety Bond Claims in Oregon

By: Vicki Smith

Motor vehicle dealer surety bonds are a discrete and specialized category in the world of surety and fidelity. The primary purpose of surety bonds is to protect the public – and one area where the public needs to be protected is in the purchase of vehicles. Like many states, Oregon requires all automobile dealers to obtain a motor vehicle dealer surety bond (“MVD bond”).… Read more