Insurance Coverage

We represent insurance carriers in coverage cases involving a broad range of matters, including toxic torts, environmental pollution, construction defect and automobile liability. We also defend insurers from bad faith claims brought by policy holders. Our attorneys have in depth knowledge of the terms, conditions, limitations and exclusions of commercial, general liability and automobile insurance policies. Our attorneys also have extensive experience in drafting coverage opinions, reservation of rights letters, and declination of coverage letters.

Representative Matters:

• We provided coverage advice to a carrier in connection with the Willamette River Inner Harbor Clean-Up litigation. The Port of Portland (“PRP”) contended that our client was a successor-in-interest to a carrier that had provided liability coverage to a predecessor of the Port, and was therefore liable for indemnity and “defense” costs" pursuant to ORS 465.475 et. seq., the Oregon Environmental Cleanup Assistance Act. The claim was based on information reconstructed from the insured’s Board Minutes and therefore involved “lost policy” considerations. We analyzed the statute and the client’s underwriting practices, and also advised regarding the manner in which an insurer must respond to the insured’s request for information in compliance with the Oregon Unfair Claims Settlement Practice, ORS 746.230.