Archive | Duty to Defend

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MLR to Host “Second Annual Year in Review” Free CLE Event

Maloney Lauersdorf Reiner is happy to announce that it will be conducting a CLE entitled “Insurance Coverage Law: MLR’s Second Annual Year in Review” on Friday, December 4, 2015.  The CLE will explore the most important insurance coverage decisions from Oregon and Washington in 2014, including discussion of cases concerning recovery of attorney […]

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Insurer Has Duty to Defend Despite Indemnity Agreement Per Oregon Court

The Oregon federal district court recently addressed the enforceability of an indemnification agreement under ORS 31.140 and its impact on an insurer’s duty to defend and duty to indemnify an insured.  In Portland Gen. Electric Co. v. Liberty Mut. Ins. Co., No. 3:15-cv-00217-HZ, 2015 WL 3892593, — F.Supp.3d — (D. […]

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Oregon Court Finds No Duty to Defend or Indemnify for Alleged Professional Services

An Oregon federal district court judge recently issued an opinion and order in Navigators Ins. Co. v Hamlin, No. 14-cv-196-MC, 2015 WL 1084825 (D.Or. Mar. 10, 2015) addressing an insurance company’s duty to defend and indemnify its insured for claims relating to alleged professional services rendered by the insured.  The […]

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Oregon Insured Not Entitled to Reformation of Policy

Last week, the Oregon Court of Appeals analyzed two commonly litigated issues that arise when a policyholder has inadequate insurance coverage and suffers a loss.  First, the court considered whether reformation of the insurance policy was appropriate.  Second, it assessed whether there was a viable claim for negligent procurement of […]

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Insurer Has No Duty to Defend Trademark Infringement Claims Per Ninth Circuit

On June 10, 2014, the U.S. Court of Appeals for the Ninth Circuit issued a published opinion in Street Surfing, LLC v. Great American E&S Ins. Co., — F.3d —, 2014 WL 2576448 (9th Cir. 2014) addressing an insurance company’s duty to defend an insured in an intellectual property infringement […]

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