Portland, Oregon insurance law lawyer represented the Plaintiff who sued the Defendant on a bad faith breach of contract theory.

This case was filed in the Multnomah County Circuit Court, 23CV18653, and was removed to federal court by Allstate Indemnity Company.

Oregon Supreme Court Confirms First Party Insurance Bad Faith in Oregon. After decades of dispute by lower courts, the ... More...    $0 (03-21-2024 - OR)

Marshall Johnson is the beneficiary of a right to
periodic payments under a structured settlement agreement.
Petitioner J. G. Wentworth Originators, LLC (J. G.
Wentworth) brought this special proceeding under ORS
33.857 to 33.875 (2005),1 seeking to purchase at a discount
Johnson’s right to one future annuity payment and a portion
of a future lump sum payment. The trial cou... More...    $0 (03-01-2017 - OR)

Auto insurers in Oregon must provide personal
injury protection (PIP) benefits to their insureds for certain
automotive injury-related expenses, regardless of who is at
fault in an accident. ORS 742.520(1). The PIP medical benefits
at issue in this case “consist of the following payments for
the injury or death of each person” covered: “All reasonable
and necessary expenses... More...    $0 (02-16-2017 - OR)

The Brownstone Homes Condominium Association discovered defects in the construction of its 26-building condominium complex, including wood decay, flashing delamination, and water penetration. In consequence, Brownstone initiated a negligence action against the general contractor who built the complex, as well as one of its subcontractors, A&T Siding. Brownstone estimated that A&T’s share of the co... More...    $0 (10-09-2015 - OR)

This construction defect case presents three issues on review, following certain rulings by the trial court and an award of damages by the jury. First, we consider the proper application of ORS 30.140, a statute that voids overbroad indemnity provisions in construction contracts. The Court of Appeals held that the trial court had erred by invalidating an indemnity provision in its entirety when th... More...    $0 (07-06-2015 - Or)

Petitioner on review, Jackson County (the county),
seeks reconsideration of our opinion in Eclectic Investment,
LLC v. Patterson, 357 Or 25, 346 P3d 468 (2015), in which
we affirmed the Court of Appeals and trial court decisions
denying the county’s common-law indemnity claim. We
concluded that, “[i]n cases in which the Oregon comparative
negligence statutes apply and i... More...    $0 (06-12-2015 - OR)

Plaintiff Becker, who was injured by a chair lift at
Hoodoo’s ski area, brought this negligence action against
defendant Hoodoo Ski Bowl Developers, Inc. (Hoodoo).
Hoodoo filed a motion for summary judgment, arguing that
it was entitled to the affirmative defense of release, and
Becker filed a cross-motion for partial summary judgment,
arguing that the release was unenfor... More...    $0 (03-18-2015 - OR)

Jackson County (the county) is a defendant in this
negligence action, in which plaintiff sought damages for
damage to its real property. As an affirmative defense, the
county alleged that plaintiff was negligent and was itself
responsible for the damages that it had suffered. The county
also filed a cross-claim against a codefendant (the contractor)
seeking common-law indem... More...    $0 (03-18-2015 - OR)

2 Plaintiffs Kevin and Mitzi Rains filed an action against several parties
3 seeking damages for injuries sustained by Kevin when a board on which he was standing
4 broke, causing him to fall 16 feet to the ground. Kevin, who was working as a
5 subcontractor on a construction project, sustained a thoracic T12 vertebrae burst fracture
6 that resulted in paraplegia. Kevin brought cla... More...    $0 (08-13-2014 - OR)

The dispute here is a familiar one: a construction defect action by a homeowners association against the developer and general contractor, who then filed third-party complaints against the multiple subcontractors. Most, but not all, of the claims settled. The claims of the developer and general contractor, La Noue Development, LLC (La Noue), against several subcontractors went to trial. Although L... More...    $0 (12-04-2013 - OR)

2 Defendant SimplexGrinnell, LP, appeals a supplemental judgment and
3 money award denying its motion for attorney fees, litigation expenses, and other
4 reasonable costs. Plaintiff PacifiCorp brought this action alleging that defendant, while
5 performing electrical work for plaintiff's power plant, breached its contract to perform
6 fire inspection services, which caused property... More...    $0 (05-15-2013 - OR)

2 This case arises out of construction defects in plaintiffs' home. Plaintiffs
3 sued Ater Construction Company, LLC (Ater), the builder of the home. Ater, in turn,
4 filed a third-party complaint against a number of its subcontractors and suppliers,
5 including Marvin Windows, Inc. (Marvin), who manufactured the windows used on the
6 home, and Medallion Industries, Inc. (Medallion... More...    $0 (05-15-2013 - OR)

2 Plaintiff appeals a judgment that dismissed his claims against defendants on
3 summary judgment after the trial court concluded that ORS 701.131(1) barred him from
4 commencing an action against them to recover compensation allegedly owed him for his
5 work under a construction contract. We affirm.
6 Defendants contracted to pay plaintiff $286,271 to construct a residence.
7 ... More...    $0 (08-29-2012 - OR)

2 In this employment age discrimination action, ORS 659A.030, plaintiff
3 appeals from a general judgment of dismissal, ORCP 21 A, that was predicated on
4 plaintiff's failure to follow the alternative dispute resolution procedure prescribed in his
5 employee handbook. Plaintiff contends that the prescribed grievance and arbitration
6 procedure is unenforceable for three reasons: (... More...    $0 (09-12-2012 - OR)

2 Plaintiff obtained a money judgment against defendant for personal injuries
3 that plaintiff had sustained in an automobile accident. Before the court entered the
4 judgment, defendant's liability insurer reimbursed plaintiff's insurer for the amount of
5 personal injury protection (PIP) benefits provided by plaintiff's insurer to plaintiff. More
6 than a year after the court ent... More...    $0 (12-07-2011 - OR)

On November 6, 2006, a tree fell on the Dodson home, causing extensive damage that ultimately required the payment of major repair costs. This litigation arises from the unusual circumstance that, at the time of the loss, the Dodsons had in effect two separate homeowners' insurance policies that, by their terms, covered the loss. The first, issued by defendant, was taken out in April 2006. The sec... More...    $0 (06-15-2011 - OR)

Plaintiff was severely injured while riding his snowmobile on defendant's land. Plaintiff appeals a judgment that dismissed his negligence action on summary judgment on alternative theories. First, the trial court concluded that defendant was immune from liability under ORS 105.682(1) because plaintiff's injuries arose out of his use of defendant's land for a recreational purpose. Second, the tria... More...    $0 (02-02-2011 - OR)

Plaintiff is insured under a disability policy issued by defendant. The policy provides lifetime benefits for disability resulting from an accidental injury, but benefits end at age 65 for disability resulting from disease or sickness. Plaintiff's disability is cognitive impairment caused by the cumulative effect of hypoxia--lack of oxygen to the brain--that occurred during incidents of undiagno... More...    $0 (11-17-2010 - OR)

This case arises out of a dispute over insurance coverage for plaintiffs' ship dismantling business. Before this court, the parties have raised primarily two issues. The first is whether plaintiffs or defendants had the burden to prove that environmental damages resulting from the operation of plaintiffs' business were neither expected nor intended. On that issue, the Court of Appeals held that... More...    $0 (10-14-2010 - OR)

This is an appeal by one of two defendants in a wrongful death action. Defendant Combined Transport appeals from a judgment for plaintiff. The jury found Combined Transport 22 percent at fault and the other defendant, Clemmer, 78 percent at fault. We affirm in part, reverse in part, and remand for a new trial.

Combined Transport is a trucking company that specializes in transporting la... More...    $0 (03-03-2010 - OR)

This case is before us on remand from the Oregon Supreme Court. In our previous decision, we determined in part that, for the purposes of plaintiffs' claim for breach of an express warranty, there was insufficient evidence in the record to permit a jury to find that defendant's territory manager had apparent authority to warrant a stucco siding system manufactured by defendant and installed in pl... More...    $0 (01-20-2010 - OR)

Defendant issued an automobile liability insurance policy and a personal umbrella policy covering a car involved in an accident that resulted in the death of plaintiff's husband. The auto policy contains an omnibus clause that provides that the policy covers anyone using the car with the permission of the "policyholder." Plaintiff brought an action against the driver and a passenger in the car, ... More...    $0 (11-18-2009 - OR)

Plaintiff initiated this action against his former employer, defendant City of Portland, for indemnity of expenses that plaintiff incurred in defending an action that had been brought against him in federal court. The city moved for summary judgment on a variety of grounds, including that plaintiff is estopped from seeking indemnity in this case given the position that he successfully asserted in... More...    $0 (08-19-2009 - OR)

This breach of warranty action requires us to determine when an agent has apparent authority to bind a principal under Oregon law. Apparent authority arises when actions of a principal cause a third party reasonably to believe that an agent has authority to act for the principal on some particular matter. While constructing a hotel, plaintiffs became concerned about the possibility that their ne... More...    $0 (11-12-2008 - OR)

This is an action on an automobile insurance policy. Plaintiff's insured vehicle suffered property damage in an accident. Defendants(1) paid for repairs to the vehicle, but the repairs did not restore the vehicle to its pre-accident condition. Defendants contended that they were responsible for only the cost of the repairs. Plaintiff claimed that the policy made defendants liable for plaintiff... More...    $0 (10-23-2008 - OR)

The plaintiff insured, as guardian ad litem for her minor son, appeals, challenging the allowance of summary judgment in favor of defendant, plaintiff's underinsured motorist (UIM) insurance carrier, as well as the trial court's denial of plaintiff's cross-motion for summary judgment. The underlying accident occurred in January 2000, and this action for declaratory relief was filed in August 2005... More...    $0 (10-29-2008 - OR)

This insurance coverage dispute involves environmental contamination that resulted from plaintiffs' dismantling of navy and merchant marine vessels at a site along the Willamette River. Plaintiff ZRZ Realty owns that site, known as the "Moody Avenue site." The other plaintiffs conducted operations at the site or are successors-in-interest to prior site operators. We refer to plaintiffs collectivel... More...    $0 (10-01-2008 - OR)

In this workers' compensation case, the Workers' Compensation Board (board) ruled that claimant had failed to give his employer sufficient written notice of a workplace injury and therefore did not reach the question whether the injury caused claimant's condition. The Court of Appeals agreed that the notice was insufficient and affirmed. Vsetecka v. Safeway Stores, Inc., 183 Or App 239, 51 P3d ... More...    $0 (10-14-2004 - OR)

In this automobile insurance case, the issue is whether an insurer is entitled to offset the amount that an injured insured received in workers' compensation benefits against the amount that the insurer otherwise would have been obligated to pay to the insured under the insured's underinsured motorist (UIM) coverage in a policy issued by the defendant insurer. The issue arose when plaintiff (1)... More...    $0 (12-24-2004 - OR)

"Does an insurer have a duty to defend an insured under an insurance policy with an 'intentional acts' exclusion if the complaint against the insured alleges a subjective intent to harm but the claim could be proven through unintentional conduct... More...    $0 (05-01-2003 - OR)

This is an action by an injured worker (plaintiff) against defendant, a managed care organization (MCO) (1) that, under an arrangement with plaintiff's employer's workers' compensation insurer, was responsible for making recommendations respecting the kind of medical care that plaintiff should receive for her injury. The complaint alleged two claims, one for negligence and one for breach of con... More...    $0 (06-12-2003 - OR)

Southern Pacific Railway (Southern Pacific) possessed a number of rail van trailers that it leased to third parties on behalf of the owners of the trailers. An individual who worked for Southern Pacific, but who did not have authority to sell the trailers, sold some rail van trailers to Stuart Abrams and Abrams, Inc. (Abrams), the plaintiffs in this case, and kept the money. Abrams then sold ma... More...    $0 (05-01-2003 - OR)

Dastar Corporation, Entertainment Distributing, and Marathon Music & Video (collectively "Dastar") appeal the district court's grant of partial summary judgment in favor of American States Insurance Company and American Economy Insurance Company (collectively "American") on the sole issue of whether American owed Dastar a duty to defend in a separate action. Because the parties have engaged ... More...    $0 (01-22-2003 - OR)

Defendant appeals from a judgment awarding damages to plaintiff in this negligence action arising from plaintiff's lease from defendant of a crane and an operator to install an overhead crane system at a manufacturing plant. While the operator was lifting a box girder with the crane, the girder fell and was damaged. After the trial court ruled that an indemnity provision contained in a "rental agr... More...    $0 (09-11-2002 - OR)

Lam Research Corporation (Lam) appeals from summary judgment in favor of Harder Mechanical Contractors, Inc., and its employee, Thomas Leist, (collectively, Harder) on Lam's claims for contribution, ORS 18.440, and common-law indemnity. Lam argues that the trial court erroneously relied on a contractual waiver provision in granting summary judgment to Harder. We review for errors of law, ORCP 47 C... More...    $0 (06-06-2001 - OR)

Legal Malpractice – Negligence – Environmental Contamination – Plaintiff alleges legal malpractice against his attorney for failing to properly draw up a contract to exempt his client from liability in a situation involving environmental contamination. Plaintiff worked for a major oil company for many years in a variety of capacities. While working for that company in California, plaintiff and B... More...    $0 (06-11-1999 - OR)

Indemnity Action - Plaintiff, defendants and several other parties entered into a written settlement agreement resolving two pending actions. Plaintiff testified that he and defendant had made an oral agreement that defendant would transfer Commonwealth stock in return for plaintiff's advance of the settlement funds. After plaintiff paid $20,000, he requested that defendant reimburse him or tran... More...    $20000 (05-19-1999 - OR)