Tag: Oregon

Oregon Supreme Court Confirms Broad Duty to DefendJan 13, 2017

A subcontractor’s insurer refused to defend a general contractor even though they were named additional insured on its CGL Policy. Where does the insurer’s duty to defend begin? Where does it end? Click here to read our latest Case Alert to find out how the Supreme Court of Oregon reaffirms its stance on what is an insurer’s duty to defend.

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New Case Alert: Oregon Supreme Court Prohibits Insurer’s Attempt to Relitigate Insured’s LiabilityNov 15, 2016

In a big win for policyholders, the Oregon Supreme Court recently ruled that that insurance companies are not allowed to relitigate the nature of damages awarded against their insureds during an underlying trial. In a coverage dispute stemming from a contractor’s faulty work on a condominium development, the insurer argued that at least a portion of the damages awarded represented the cost of repairing the contractor’s own work product. Coverage…

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Oregon High Court to Tackle Complex Construction Defect IssueSep 09, 2015

Tomorrow, the Oregon Supreme Court will hear argument in a dispute that could change how underlying judgments are treated in construction defect coverage disputes. An insurer is seeking to avoid paying a judgment against its insured in a construction defect case, claiming there was no finding that the judgment only included covered damages. If the court holds for the insurer, it could mean that whenever an insured defends under a…

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