Oregon Supreme Court News

Ore. Supreme Holds Claims for Lost Money are No Exception to Statute of Repose

Oregon’s statute of repose bars any action for negligent injury filed more than 10 years after the act or omission that caused the damage, even if money is the only thing at stake, the Oregon Supreme Court ruled Tuesday. In …

Ore. Supreme Ct. Refuses to Expand Exception to Exclusive Remedy

A law passed by the state legislature in 2001 to address a court decision that created an exception to workers’ compensation exclusive remedy did not create a new exception, the Oregon Supreme Court ruled. In a unanimous decision Friday, the …

Ore. Supreme Ct. Voids State Farm ‘Anti-Stacking’ Uninsured Motorist Policy Limit

A provision in State Farm auto policies that limits payouts for uninsured motorist claims to the maximum amount allowed by a single policy cannot be enforced because it does not comply with state law, the Oregon Supreme Court ruled on …

Allianz Wins Order Requiring Other Insurers to Contribute to Defense of Asbestos, Pollution Claims

Carriers that insured Freightliner Corp. before it was purchased by Daimler-Benz AG in 1981 — even those that entered into fronting agreements that transferred liability back to the insured — have to contribute to the defense of claims related to …

Oregon Supreme Court Finds Treatment Can be Compensable for Injuries not Accepted

The Oregon Supreme Court reversed both the Workers’ Compensation Board and the Court of Appeals and ruled that an injured worker was entitled to diagnostic services by a psychologist even though no psychological injury had been accepted by the insurer. …

Oregon Supreme Court Decides the Meaning of ‘Recovery’ for Claims Under ORS §742.061

Under ORS §742.061, insurance companies are required to pay their insured’s attorney’s fees in Oregon if, in the insured’s lawsuit brought against the insurer, the insured obtains a “recovery” that exceeds the amount of any tender made by the insurance …

Oregon Supreme Court Allows Bystander Lawsuit to Proceed

The Oregon Supreme Court on Thursday allowed a lawsuit to proceed that was filed on behalf of two boys who witnessed their younger brother hit and killed by a pickup truck five years ago. The decision was a reversal of …

Oregon Supreme Court Finds That Covenants Not to Execute are Not Releases

Insuring clauses of many insurance policies obligate the insurance company to indemnify the insured for sums that the insured is “legally obligated to pay as damages …” Long ago, insurance company challenged covenants not to execute that were used as …

Oregon High Court Rules Injured Snowboarder Can Sue

The Oregon Supreme Court ruled Thursday a ski resort’s broad liability waiver cannot prevent a paralyzed snowboarder from suing. The justices ruled that the liability waiver was “unconscionable” and contrary to public policy, potentially opening the door for more people …

Oregon Court Rules City Not Liable for Sewage Spill

Sharon Dunn heard a roar, felt her house shake and watched a sludgy goo of brown-gray sewer water ooze out of her toilet and bathroom sink. It kept coming, dripping from her ceiling, forming a mass 3 inches high that …