Oregon
Moody v. Oregon Community Credit Union and Federal Insurance Company
Year: 2022
Court: Oregon Supreme Court
Case Number: S069409
Issue:
  • Bad Faith
State:
  • Oregon

In its amicus curiae brief, United Policyholders addresses the question of whether a policyholder can recover extra-contractual damages by bringing negligence per se cause of action for mishandling of an insurance claim in a way that violates Oregon statute. United Policyholders’ brief argues that insurance consumer…
The Oregon Clinic, PC v. Fireman’s Fund Insurance Company
Year: 2022
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 22-35047
Issue:
  • COVID-19
State:
  • Oregon

In its amicus curiae brief, UP supports coverage for an insured’s business interruption losses related to the SARS-CoV-2 virus and COVID-19. UP argues that decades of case law demonstrate what the insurance industry and policyholders have long known: that “all risks” insurance policies protect insureds…
Factory Mutual Insurance Co. vs. Northwest Aluminum
Year: 2002
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 03-35147
Issue:
  • Statute of Limitations
State:
  • Oregon

The doctrine of equitable tolling requires that suit limitations in a policy be tolled between the date the insurer receives notice of the claim and the date it denies the claim.
Fleming vs. USAA
Year: 1996
Court:
Case Number:
Issue:
  • Pollution Exclusion and Coverages
State:
  • Oregon

UP filed a petition supporting review urging that the key definition of “pollutants” employed in ithe subject nsurance policies were so overbroad as to be meaningless.
Groshong, Joel C., Huth, Joann and Gary vs. Mutual Enumclaw Insurance Company
Year: 1996
Court: Oregon Supreme Court
Case Number: S43912; CA No. A89325; TC No. 9407-04901
Issue:
  • Doctrine of insurability; occurence
State:
  • Oregon

Doctrine of insurability; personal injury; occurrence.
Medallion Industries, Inc. vs. Atlantic Mutual Insurance Company
Year: 1996
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 97-35317
Issue:
  • Doctrine of insurability
State:
  • Oregon

Doctrine of insurability; Discrimination; accident.
Larsen Oil Company v. Federated Service Insurance Company
Year: 1998
Court: U.S. Court of Appeals, 9th Circuit
Case Number: No. 94-35891
Issue:
  • Pollution Exclusion and Coverages
State:
  • Oregon
St. Paul Fire & Marine vs. McCormik & Baxter Creosoting Company
Year: 1998
Court: Supreme Court of Oregon
Case Number:
Issue:
  • Exclusions
State:
  • Oregon

Polluter’s exclusion and use of extrinsic evidence to prove coverage
Strawn, Mark vs. Farmers Insurance Company of Oregon, Mid-Century Insurance Company and Truck Insurance Exchange
Year: 2008
Court: Supreme Court of Oregon
Case Number:
Issue:
  • Punitive Damages
State:
  • Oregon

In order to assure that a punitive damages award fulfills the purpose of deterrence and retribution, due process considerations for assessing the constitutional validity of a punitive damages award must include consideration of the defendant’s wealth.
Liberty Mut. Ins. Co. v. Ash Grove Cement Co.
Year: 2014
Court: U.S Court of Appeals, 9th Circuit
Case Number: 13-35900; 13-35905; 14-35298
Issue:
  • Duty to Defend - 104(e) Letters
  • Environmental Liabilities
State:
  • Oregon

UP, joined by co-amici The Marine Group, LLC, MMGL Corp. and Schnitzer Steel Industries, Inc. urged the Court to uphold a correct ruling by an Oregon District Court that a 104(e) Request for Information Letter triggers the duty to defend under a commercial general liability…
Schnitzer Steel et al v. Continental Casualty Co et al.
Year: 2015
Court: U.S. Court of Appeals. 9th Circuit
Case Number: 15-35101
Issue:
  • Attorney's Fees
  • Environmental Liabilities
State:
  • Oregon

Under Oregon law, policyholders who sue their insurance company for delaying or denying legitimate claims can recover their attorney’s fees. UP reminded the Court that Oregonians currently have few protections available to them when insurance companies refuse to honor their contractual obligations. Indeed, as Oregon…
Allianz Global Risks U.S. Ins. Co., Allianz Underwriters Ins. Co. v. Ace Property and Casualty Ins. Co. et al
Year: 2016
Court: Oregon Supreme Court
Case Number: A159858
Issue:
  • Contract Interpretation
State:
  • Oregon

In an insurer v. insurer coverage battle, UP and co-amici urged an interpretation favorable to the policyholder of a coverage provision which does not require “seepage, pollution or contamination” resulting from a “sudden, unintended and unexpected happening” during the policy period to be “abrupt” or…
Colony Ins. Co. v. Victory Construction LLC
Year: 2017
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 17-35357
Issue:
  • Duty to Defend
  • Pollution Exclusion and Coverages
State:
  • Oregon

The duty to defend is broader than the duty to indemnify. It is the most fundamental duty of a liability insurer. The absolute pollution exclusion (“APE”), which exists in nearly every CGL (Commerical General Liability) policy, relieves the insurer of the duty to defend when…
Dakota Ventures, LLC v. Oregon Mutual Ins. Co.
Year: 2020
Court: United States District Court District - District of Oregon
Case Number: 3:20-cv-00630-HZ
Issue:
  • COVID-19
State:
  • Oregon

In its brief, UP, along with NIVA, opposed a Motion to Dismiss and argued that contamination, suspected contamination, and/or the imminent threat of contamination by SARS CoV-2 that result in the suspension of business operations can constitute “physical loss of or damage” under a property…
Allianz Global Risks US Insurance Company et al. v. ACE Property & Casualty Insurance Company, et al.
Year: 2020
Court: In The Supreme Court of the State of Oregon
Case Number: 120404552
Issue:
  • Policy Interpretation
State:
  • Oregon

In its brief, UP weighed in to assist the Oregon Supreme Court in ruling on a dispute related to claims for long-tail coverage for environmental clean-up under policies with a variant of the standard “sudden and accidental” pollution exclusion. UP urged the court to correct…