Oregon Casualty Adjusters Association

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Past Articles

Medical Expenses for Minors: Who's Claim is it?

Sidewalks Snowstorms Slip and Falls

Comparative Fault

Caught in the Middle

UM and UIM Claims

Economic Loss Rule for Construction Defect Claims

Dog Bites When is Landlord Liable

Advance Payment Tolling of the Statute of Limitations

Wrongful Death NonEconomic Damages Cap

February 2008

June/July 2008
  • Flight to Tanana: Adjusting Claims in Alaska
  • Policy Unambiguous Unless There Are “Multiple, Reasonable Interpretations”
  • New Case Drastically Alters Claims for Attorney Fees Under ORS 20.080
  • UM Must Meet Requirements of ORS31.715(6) to Collect Non-Economic Damages
  • Can Someone Make an ORS 20.080 Claim for an Accident that Occurs Outside Oregon?
  • DRG Reimbursement System
  • Each Wrongful Denial of Benefits is a Separate Breach of the Insurance Contract
  • Don’t Let a Claim Bite You Another Look at Dog Bite Cases
  • Life Expectancy
  • Conditions of Recovery Under Oregon’s Lemon Law Can Be Done in Any Order

May 2009

  • US Supreme Court Snuffs Out Philip Morris’s Appeal of William’s Gigantic Punitive Damage Award
  • In UM/UIM Cases, Providing Notice of Intent to Arbitrate is Not Enough by Itself to Toll the Statute of Limitations
  • Cold Laser Therapy
  • Completed Operation Exclusion Found Effective to Deny Defense Even Though Work Was Performed by Subcontractor
  • Summer Cautions
  • Your Legislature at Work
  • Role of Payments by Liability Insurer in Calculating UIM Benefits Made Clear
  • Healing Times & Treatment of Soft Tissue Injuries
  • Upcoming Changes (Improvements) in Minor Settlement Statute
  • Jury is Not Required to Award Noneconomic Damages unless Substantial Injury Exists


  • Multiple New Requirements Placed on Insurers After Declaring a Vehicle a Total Loss
  • Neuromuscular Reeducation
  • Courts are Not Permitted to Deduct Medicare “Write-Offs” from Jury Awards
  • Freud’s “The Uncanny”: Clinical Perspectives


  • A Landlord’s Liability to a Tenants’ Guest
  • Attorney Fees in Insurance Claims Expanded
  • Hospital Bills


  • Grisby: Analyzing Attorney Fee Requests in PIP Cases
  • Chiropractic Treatment of Children
  • Motor Vehicle Accidents and Foreseeability
  • Independent Medical Exams for Urologic Problems
  • What Happens When a Medical Provider Writes Off Part of a Patient’s Charges?
  • ORS 20.080: Making a Settlement Offer “Prior to Commencement of a Claim”
  • New Decision Regarding Effect of Offer to Allow Judgment
  • Duplication of Treatment — Muscular Back Pain
  • No Clear Ability to Limit Accrual of Attorney Fees Under ORS 742.061
  • Oral Binders: What is Required to Supersede the Usual Terms of a Policy?
  • Horizon Restoration Partners with Oregon Red Cross
  • Total Exposure: Determining Pre-Judgment Interest
  • Riding Uninsured: Can a Plaintiff Passenger Recover Non-Economic Damages?
  • Determining the Duty to Defend in a Construction Defect Case
  • PIP Insurers’ Exposure to Attorney Fees Greatly Increased
  • The Shoulder
  • Punitive Damages Awards
  • Instructing on a “Previous Infirm Condition”
  • Visual Consequences of Mild Traumatic Brain Injury
  • Premises Liability: Recreational Land Use & Trespassing
  • Post Traumatic Stress Disorder
  • Wrongful Death Claims Against Public Entities: Recoverable Damages Increased
  • Independent Opinions Call for Independent Information
  • Premises Liability: Who is Liable When Life Throws You Lemonade?
  • When is a Spinal MRI Reasonable and Necessary?
  • Can an Out-of-State Insured Recover Attorney Fees in Oregon?
  • An Insured’s Verbal Conversation May Override Written Policy Exclusions
  • UM Coverage: Initiating Formal Arbitration is Not Very Formal
  • Hall v. Speer: Proof of Loss, UIM Claims, and Attorney Fees
  • When Life Throws You Post Pounders: Business Premises Liability Revisited
  • Noneconomic Damages — Does a $500,000 Cap Violate the Oregon Constitution?
  • Do Not Enter: What Duties Does a Landowner Owe to Trespassers?
  • Replacement Cost Benefits: By When Must Replacement Be Completed?
  • Frozen Shoulder
  • Permissive Drivers Entitled to Coverage Under PIP Covering Insured Vehicle
  • Photographic Documentation of Property Claims
  • PIP Reimbursement Reductions: Rules are Meant to be Followed
  • It Was the Co-Defendant’s Fault! Is a General Denial Enough?
  • A Default Judgment is Void if the Plaintiff Fails to Allege a Specific Amount of Damages in the Complaint
  • 2,663 Jury Verdicts through 2011
  • Volunteers Needed
  • Do Increases in Policy Limits Apply Retroactively?
  • Rotator Cuff Tears: A Causation, Presentation and Diagnostic Roadmap
  • When Settlements Go Bad: How Inconsistent Release Language Can Cause Big Headaches
  • Negligence Claim Dismissed When Defendant Misidentified in Complaint
  • Anatomical Profile of the Knee: A History of the Meniscus
  • Arbitration Required when Insurers Dispute Reimbursement of PIP Benefits
  • Winterizing Your Home
  • Chimp Bit Off Intern’s Thumb During Attack and Sanctuary Found Not Liable