Archive | Personal Injury Protection (PIP)

insurance (23)

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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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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MLR Attorneys Win Summary Judgment on PIP Suit Limitation Provision

Last week, the Marion County Circuit Court dismissed an insured’s claim for breach of contract based on the one-year suit limitations period in a policy for Personal Injury Protection (PIP) insurance.  MLR attorneys, Tony Reiner and Janis Puracal, briefed and argued summary judgment for the insurer. In the case, the […]

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No Bad Faith for Relying on IME per Washington Court

The U.S. District Court for the Western District of Washington recently issued an opinion addressing an insured’s claims for bad faith and violation of the Insurance Fair Conduct Act (IFCA) and Consumer Protection Act (CPA).  In Wilson v Austin Mut. Ins. Co., 2014 WL 3534053 (W.D. Wash., July 15, 2014), […]

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PIP Offer of Judgment Does Not Create Issue Preclusion on UIM Claim

The Oregon Court of Appeals recently issued an opinion in Miller v. American Family Mut. Ins. Co., 262 Or App 730, — P3d — (2014), addressing issue preclusion in a lawsuit involving an insured’s claim for personal injury protection (PIP) and uninsured motorist (UIM) benefits.  The insurance company made an […]

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PIP Regular Use Exclusion Applies to Ride-Share per Washington Court

The Washington Court of Appeals issued an unpublished opinion on July 22, 2014, addressing the regular use exclusion under the personal injury protection (PIP) provisions of an automobile insurance policy.  In State Farm Ins. Co. v. Rollins, Case No. 45003-8-II (Div. II, July 22, 2014), the court found that an […]

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Oregon Federal Court Finds Insured Limited to Contract Damages

On April 1, 2014, in Braun-Salinas v. American Family Ins. Group d/b/a American Family Mut. Ins. Co., 13-cv-264-AC (D.Or. April 1, 2014), Magistrate Judge John Acosta of the U.S. District Court for the District of Oregon reaffirmed the Oregon principle that an insured is limited to recovering contractual damages from […]

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Washington Court of Appeals Holds Insurance Company Liability Liable for PIP Wage Loss

The Washington Court of Appeals issued an unpublished opinion on February 10, 2014, on an insured’s entitlement to wage loss benefits under the personal injury protection (“PIP”) coverage available in an automobile insurance policy.  In addition, it addressed the applicability of the Insurance Fair Conduct Act (“IFCA”) in the context […]

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Washington Federal District Court Addresses Bad Faith, CPA, and IFCA

On October 29, 2013, Judge Marsha Pechman of the Western District of Washington issued an opinion denying-in-part and granting-in-part an insurance company’s motion for summary judgment on claims for insurance bad faith and violations of the Washington Consumer Protection Act (CPA) and Insurance Fair Conduct Act (IFCA) in Bird v. American […]

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