Rachel Nies and Elizabeth Wright, Partners in the Pacific Northwest, have been published in the Summer 2017 edition of the CLM Construction Claims Magazine on their topic “Eight Corners Test Affirmed in Oregon”. To view their article, please click here and turn to page 16.
The Oregon Supreme Court has affirmed the Court of Appeals’ decision in West Hills Dev. Co. v. Chartis Claims, Inc., 360 Or 650 (2016) (affirming 273 Or App 155 (2015).) For a discussion of the 2015 appellate decision, please see our prior blog here. As discussed in our previous blog, the West Hills case involved an issue of insurance coverage … Continue reading
Ben Allen joins LGP today as an associate in the Pacific Northwest office. Ben is licensed in Washington and Oregon, and has extensive litigation experience in state and federal courts. To learn about Ben, click here
New Lower Court Ruling Sheds Light on Enforceability of Statutory Non-Economic Damages Cap in Oregon
On January 20, 2017, the Multnomah County Circuit Court released an opinion enforcing the $500,000 statutory cap on non-economic damages in a common law tort action. This opinion provides valuable insight into how Multnomah County courts, and likely courts in other Oregon counties, will analyze and make determinations on the issue of whether the cap should apply in other cases. … Continue reading
On May 5, 2016, the Oregon Supreme Court released an opinion breathing new life into the long neglected statutory damages caps on the books in Oregon. The opinion will likely have a beneficial effect on risk management and insurance premiums in Oregon. In Horton v. OHSU, 359 Or 168 (2016), the court explained that the legislature has the power to … Continue reading
On June 16, 2016, the Oregon Supreme Court clarified that negligent construction claims in Oregon are governed by a two year statute of limitations. The law on this point had been very confused in Oregon for the last several years, with different circuit courts applying a six year rule or a two year rule, with or without a discovery rule. … Continue reading
Rachel Nies and Elizabeth Wright, partners in our Portland office, will be helping girls learn to build this Thursday! Rachel and Elizabeth are volunteering for the day with Girls Build PDX, a non-profit dedicated to putting tools in the hands of girls so that they can explore building and fixing. For more information about Girls Build PDX, click here.
Lorber, Greenfield & Polito LLP is proud to announce that our Portland, Oregon partner Rachel Nies, along with her associate Steven Cade, successfully obtained a contribution/indemnity verdict in excess of $2,000,000 on behalf of their contractor client, Quality Plus Services. On May 25, 2016, a Washington County jury in Hillsboro returned a verdict in favor of the client arising from … Continue reading
In Oregon, as in most states, additional insured (“AI”) carriers commonly deny tenders based on “ongoing operations” language in AI endorsements. AI carriers interpret the “ongoing operations” AI endorsement to require damages to have occurred while the subcontractor was still on the job. General contractors seeking AI coverage counter this interpretation by arguing that coverage is afforded for liability that … Continue reading
As discussed in an earlier blog, a March 2015 Oregon Supreme Court decision struck a blow against common law indemnity claims, including claims for defense fees and costs, in cases where Oregon’s comparative negligence statutes apply. In Eclectic Investment LLC v. Patterson, 357 Or 25 (March 19, 2015), the Court held that the judicially created doctrine of common law indemnity … Continue reading