All Articles
SB 728: A Commonsense Adjustment to Oregon Insurance Law
Once again Oregon legislatures are looking at removing the exemption of insurance companies from the Oregon Unfair Trade Practices Act. SB 728 makes violations of Oregon’s Unfair Claims Settlement Practices Act (the “UCSPA”) an unlawful trade practic...
Continue Reading >
Insurance Policy Interpretation in Oregon—Lessons From New Cases
Insurance policies are famously obscure, full of non-sequiturs and jargon. Coverage disputes often feature disagreements about the meaning of policy wording. As a result, courts have developed a process for interpreting policies. In Oregon, the int...
Continue Reading >
Policyholders Must Be “Made Whole” Before Insurers Recover Payments From Third Parties
The Washington Supreme Court recently issued a decision strongly reiterating the “made whole” doctrine under Washington law, which provides that an insurer cannot exercise its right of reimbursement from a third party who injured its insured, until...
Continue Reading >
Insurance and Cannabis—Requirements, Exclusions, Positive News
Cannabis businesses don’t have many options when it comes to insurance, because major insurance players are staying out of the market until cannabis is reclassified under federal law. However, cannabis licensees are required to carry insurance by sta...
Continue Reading >
In-House Counsel: Take Care in Contracting for Additional Insured Coverage from Foreign Suppliers
Most businesses, and particularly retailers, require that their suppliers name the retailer as an "additional insured" on the supplier's general liability policy. This means that if a customer is injured because of the supplier's product, and the cu...
Continue Reading >
Does the Causation-Trigger Wording of an Additional Insured Endorsement Matter?
When two companies agree to work together, they will try to allocate the risk of something going wrong to the company that's in the best position to prevent that from happening. For example, in the construction industry a general contractor will usua...
Continue Reading >