Archive | Automobile Insurance

Insurer Voids UM/UIM Attorney Fee Safe Harbor in Pleading

On September 2, 2015, the Oregon Court of Appeals issued an opinion addressing Oregon’s ORS 742.061(3) attorney fee “safe-harbor” letter in uninsured/underinsured (UM/UIM) motorist claims in Kiryuta v. Country Preferred Ins. Co., 273 Or App 469, —P.3d— (2015) .  The court held that because the insurer made allegations in its […]

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Oregon Legislature Passes Significant Changes to PIP and UM/UIM Laws

On March 12, 2015, Governor Kate Brown signed into law Senate Bill 411 which makes substantial changes Oregon’s personal injury protection (PIP) and uninsured/underinsured motorist (UM/UIM) statutes.  The new law becomes effective on January 1, 2016. The new law amends the PIP statute to enables a policyholder to apply PIP […]

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Undisclosed Adult Child Entitled to UIM Coverage

The Washington Court of Appeals recently issued an opinion in Patriot Gen. Ins. Co. v. Gutierrez, No. 32109-6-III, 2015 WL 773571 (Wash. Ct. App. Feb. 24, 2015), addressing whether an insured’s adult child was covered under an auto policy.  The insured failed to disclose the adult child on the insurance […]

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Oregon PIP Statute Does Not Cover Transportation Costs

Late last week, in Dowell v Oregon Mut. Ins. Co., 268 Or App 672, — P3d — (2015), the Oregon Court of Appeals analyzed Oregon’s  Personal Injury Protection (“PIP”) statute and addressed whether “expenses of medical … services” in ORS 742.524(1)(a) includes transportation expenses incurred while seeking covered medical services.  […]

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Oregon Court Analyzes “Proof of Loss” on UIM Claim

On December 24, 2014, the Oregon Court of Appeals issued a published opinion in Hall v. Speer, 267 Or App 639, ___ P3d ___ (2014), concerning what constitutes a “proof of loss” for triggering an insurance company’s obligation to investigate a potential underinsured motorist (UIM) claim and, thus, an insured’s right […]

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Washington Court Holds UIM Insured Can Seek Benefits After Dismissal is Vacated

On October 6, 2014, the Washington Court of Appeals, Division One, released an unpublished opinion addressing the impact of an order dismissing the a case brought by an insured against an at-fault driver on the insured’s right to seek underinsured motorist (UIM) benefits from her insurer, which had intervened in […]

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