Representative Cases

The attorneys of Maloney Lauersdorf Reiner are accomplished trial and appellate attorneys with a well-established track record of achieving positive results for our clients.  We take great pride in the results we have obtained on behalf of our clients.  A representative sampling of cases that we have resolved for our clients over the past decade is set forth below.

Ibrahim v. AIU Ins. Co., Court of Appeals of the State of Washington, Division One, Case No. 69554-1-I, 312 P.3d 998 (2013)

Appeal by insured seeking reversal of summary judgment granted by trail court on entitlement to diminished value benefits on UIM policy.  Trial court ruling upheld by Court of Appeals on entitlement to UIM benefits and on extra-contractual claims.  A detailed summary of the ruling is located in our Insurance Coverage Blog.

Povaleeva v. Allstate Fire and Casualty Ins. Co., et al., Circuit Court of the State of Oregon for Multnomah, Case No. 1303-4401 (2013)

Action by policyholder for PIP benefits.  Obtained ruling entitling client to pre-trial deposition testimony of treatment provider despite Oregon law not allowing for expert discovery.

Woo v. Truck Ins. Exchange, et al., Superior Court of the State of Washington for King County, Cause No. 12-2-5748-6 SEA (2013)

Action for fraud and misrepresentations concerning a liability release executed by the plaintiff following a motor vehicle accident seeking to avoid the release and additional liability damages.  Summary judgment obtained in favor of client on claims of fraud, negligent misrepresentation, intentional infliction of emotional distress, and violation of the Consumer Protection Act.

Kajihara v. Farmers Ins. Co. of Wash., et al., Superior Court of the State of Washington for King County, Cause No. 13-2-9183-6 SEA (2013)

Action by policyholder seeking UIM damages following a motor vehicle accident caused by a phantom vehicle.  Summary judgment obtained for client based upon policy and statutory conditions.

Hoffman v. Foremost Signature Ins. Co., United States District Court for the District of Oregon, Case No. 12-cv-1534-MC (2013)

Action by policyholder following fire loss seeking replacement cost benefits without actual replacement and requesting replacement of mobile home with stick-built structure.  Summary judgment obtained on behalf of client based upon replacement cost policy conditions and that stick-build is not like kind and quality.  A summary of the case can be found in our Insurance Coverage Blog.

 Silver Star Group, LLC v. Farmers Ins. Co. of Oregon, Circuit Court of the State of Oregon for Lane County, Case No. 161218704 (2013)

Action by contractor based on assignment from policyholder on landlord insurance policy arising from water damage.  Summary judgment obtained on behalf of client based upon policy exclusions and on contractor’s extra-contractual claims.

Leopold v. Farmers Ins. Co. of Oregon, Circuit Court of the State of Oregon for Multnomah County, Case No. 1207-08827 (2012)

Action by policyholder for damages arising from motor vehicle accident seeking PIP benefits under the insurance policy.   Summary judgment obtained on behalf of client for failure of policyholder to submit to an independent medical examination (IME) and on policyholder’s extra-contractual claims.

Phillipa v. Farmers Ins. Co. of Wash., et al., Superior Court of the State of Washington for King County, Cause No. 11-2-22981-5 SEA (2012)

Action by policyholder seeking UIM benefits following an accident caused by a phantom vehicle.  Summary judgment obtained for client based upon policy and statutory conditions for recovery of UIM benefits.

Butler v. Farmers Ins. Exchange, United States District Court for the District of Oregon, Case No. 12-cv-0073-MO (2012)

Action on property insurance policy following fire loss seeking additional benefits for loss to dwelling and contents.  Unanimous verdict of three-person arbitration panel in favor of client.

Allstate Ins. Co. v. Robert and Elizabeth Sanders, Circuit Court of the State of Oregon for Union County, Case No. 0909-45915 (2012)

Declaratory judgment action on applicability of intentional loss exclusion and material misrepresentation provision of property insurance policy following fire, with counterclaims alleging breach of contract and extra-contractual tort claims in excess of $1.2 million.  Jury verdict in favor of client.

Equity Partners Northwest Funding, LLC v. Farmers Ins. Co. of Washington, et. al., Superior Court for the State of Washington for King County, Case No. 11-2-07529-0 KNT (2012)

Action by mortgagee on property insurance policy for indemnification of loss resulting from fire, extra-contractual claims, and alleged “bad faith.”  Plaintiff voluntarily dismissed suit after fraud exposed during formal discovery and motion practice.

Emrys v. Farmers Ins. Co. of Oregon, Circuit Court of the State of Oregon for Douglas County, Case No. 11CV0557CC (2012)

Action on property insurance policy for indemnification of losses caused by fire and reformation of insurance policy.  Judgment in favor of client following bench trial.

Mende v. Allstate Ins. Co., Circuit Court of the State of Oregon for Lincoln County, Case No. 120089 (2012)

Action on property insurance policy for indemnification of loss caused by alleged burglary.  Summary judgment in favor of client on contractual period of limitations and equitable estoppel.

West American Ins. Co. v. Hernandez, 473 Fed. Appx. 574 (C.A.9 2012)

Complex appeal from trial court’s denial of plaintiff’s post-trial FRCP 60(b), 62, and 67 motions.  Trial court rulings affirmed in favor of client.

Oregon Landmark Two, LP v. Mid-Century Ins. Co., Circuit Court of the State of Oregon for Coos County, Case No. 11CV0205 (2011)

Action under commercial property insurance policy on claim for property damage to hotel caused by settlement.  Summary judgment in favor of client based upon contractual suit limitation period and policy exclusions.

Dewsnup v. Farmers Ins. Co. of Oregon, 349 Or. 33, 239 P.3d 493 (2010);  Dewsnup v. Farmers Ins. Co. of Oregon, Circuit Court of the State of Oregon for Douglas County, Case No. 06CV4790CC (2011)

Action on property insurance policy for indemnification of loss caused by wind.  Summary judgment in favor of client overturned on appeal and case remanded for trial.  Jury verdict in favor of client.

Dixon v. Sentinel Ins. Co. Ltd., U.S. District Court for the District of Oregon, Case No. CV09‑1091-DK (2010)

Action on liability insurance policy to recover costs of defense and indemnification of settlement on suit arising out of injuries sustained when claimant was hit by freight train after a party.  Summary judgment in favor of client.

Parks v. Farmers Ins. Co. of Oregon, 347 Or. 374, 227 P.3d 1127 (2009)

Appeal from trial court grant of attorney fee award to plaintiff.  Trial court reversed by Oregon Court of Appeals.  Oregon Court of Appeals reversed by Oregon Supreme Court.

Allstate Ins. Co. v. Breeden, U.S. District Court for the District of Oregon, Case No. CV01‑1686-AS (2008); Allstate Ins. Co. v. Breeden, 410 Fed. Appx. 6 (C.A.9 2010)

Declaratory judgment action on applicability of concealment and material misrepresentation provision of property insurance policy following fire, with counterclaims alleging breach of contract, extra-contractual tort, and punitive damages claims in excess of $15 million.  Jury verdict in favor of client.  Jury verdict in favor of client affirmed on appeal.

Ruede v. City of Florence, et. al., Circuit Court of the State of Oregon for Lane County, Case No. 160704170 (2007); Ruede v. City of Florence, et. al., 231 Or. App. 435, 220 P.3d 113 (2009)

Action on property insurance policy for indemnification of damage due to partial collapse) (summary judgment in favor of client);   Summary judgment upheld on appeal.

Hartford Casualty Ins. Co. v. Calcot, Ltd., U.S. District Court for the Western District of Tennessee, Case No. 07-2405 (2009)

Declaratory judgment action to declare commercial property insurance void and recover $3.4 million in indemnification of losses from fire before defendant’s fraud was exposed. Summary judgment in favor of client.

Marsh v. American Family Mut. Ins. Co., Circuit Court of Oregon for Multnomah County, Case No. 05-1213237 (2005); Marsh v. American Family Mut. Ins. Co., 231 Or. App. 332, 218 P.3d 573 (2009)

Action on property insurance policy for indemnification of losses arising out of dry rot and alleged collapse.  Judgment for plaintiff following court trial.  Trial court reversed and judgment entered in favor of client on appeal.

Tualatin Valley Housing Partners v. Truck Ins. Exchange, Circuit Court of the State of Oregon for Multnomah County, Case No. 0306-06731 (2004); Tualatin Valley Housing Partners v. Truck Ins. Exchange, 208 Or. App. 155, 144 P.3d 991 (2006), rev. denied, 342 Or. 344, 153 P.3d 124 (2007)

Action on property insurance policy for indemnification of smoke and other damage caused by methamphetamine operation and alleged “bad faith.”  Court judgment for client through Superbuilt motion.  Judgment affirmed on appeal.

Hammonds v. Hartford Fire Ins. Co., U.S. District Court for the District of South Dakota, Case No. 06-3549 (2006); Hammonds v. Hartford Fire Ins. Co., 501 F.3d 991 (2007)

Action on workers compensation insurance policy for payment of benefits and alleged “bad faith.”  Summary judgment in favor of client.  Summary judgment in favor of client affirmed on appeal.

East County Recycling, Inc. v. Pneumatic Const., Inc., 214 Or. App. 573, 167 P.3d 464 (2007)

Complex appeal from summary judgment in favor of third-party defendant on breach of express warranty claim.  Summary judgment in favor of client affirmed.

Schaffer Logging, LLC v. Commonwealth Ins. Co. of America, U.S. District Court for the District of Oregon, Case No. CV-06-6208-TC (2006)

Action on property insurance policy for damage to logging equipment.  Summary judgment in favor of client on basis of policy exclusions for mechanical failure and improper operation.

Tansy v. North Pacific Ins. Co., U.S. District Court for the District of Oregon, Case No. 04‑6375-AA (2005)

Action on property insurance policies for recovery of damages resulting from theft of property, breach of bailment contract, and conversion.  Court ordered joinder of plaintiff’s husband, who had fled the U.S. to Argentina to avoid criminal prosecution.

Pfahl v. Valley Property & Cas. Ins. Co., Circuit Court of Oregon for Multnomah County, Case No. 0403-03187 (2005); Pfahl v. Allstate Indemnity Co., Case No. 0403-03188 (2005)

Action on property insurance policies to recover indemnification for losses arising from alleged burglary.  Jury verdict in favor of clients.

Postolovska v. Allstate Life Ins. Co., U.S. District Court for the District of Oregon, Case No. 04-6421-HO (2004)

Action on life insurance policy for payment of death benefits, “bad faith,” extra-contractual claims, and punitive damages, arising out of alleged death of American citizen abroad. Dismissed for failure to prosecute after fraud was exposed and alleged decedent found alive during formal discovery conducted in Guadalajara, Mexico.

Moers v. Allstate Ins. Co., U.S. District Court for the District of Oregon, Case No. 04-596-AS (2004)

Action on property insurance policy for indemnification of losses arising out of alleged burglary.  Summary judgment in favor of client.

Weeks v. American Manufacturers Mut. Ins. Co., U.S. District Court for the Western District of Washington, Case No. C03-5163FDB (2004)

Action on property insurance policy for indemnification of losses arising out of fire and alleged “bad faith.”  Plaintiff voluntarily dismissed suit after misrepresentations of public adjuster were exposed during formal discovery and motion practice.

Prudential Property & Casualty Ins. Co. v. Lillard-Roberts, U.S. District Court for the District of Oregon, Case No. CV-01-1362-ST (2002)

Declaratory judgment action on applicability of water, mold, and faulty workmanship exclusions in property insurance policy following water damage and “toxic mold,” with counterclaims alleging breach of contract, extra-contractual tort, and “bad faith” damages.  Summary judgment in favor of client.

Lewis-Williamson v. Grange Mut. Ins. Co., Circuit Court of the State of Oregon for Yamhill County, Case No. 98382 (1999); Lewis-Williamson v. Grange Mut. Ins. Co., 179 Or. App. 491, 39 P.3d 947 (2002)

Negligence action against client alleging vicarious liability of insurance agent for failure to procure adequate insurance coverage.  Summary judgment in favor of client, based upon absence of “special relationship.”  Summary judgment in favor of client affirmed on appeal.

***Out of respect for all of our clients, and at the specific requests of some, we have omitted cases in which the resolution of the case is not a matter of readily accessible public record.  Information on cases involving specific issues or strategies may be provided upon request, subject to applicable privileges and confidentiality agreements.***