Portland, OR
Appeals Lawyer at Portland, OR
Practice Areas: Appeals, Admiralty & Maritime, Personal Injury
OUTCOME: plaintiff's victory
established that injured motorist who was driving the insured vehicle with permission is an intended third-party beneficiary of the insurance policy on the vehicle and, thus, entitled to bring a claim ... for breach of contract when insurer refuses to pay benefits under the policy.
OUTCOME: plaintiff's victory
established that Port of Portland does not share in the state’s sovereign immunity from actions under federal law, and thus may be sued under the Jones Act and federal maritime law for injury to its ma ... ritime employees.
OUTCOME: plaintiff's victory
the injured motorist submitted “proof of loss” that she was entitled to uninsured motorist (UM) benefits when she submitted a claim for PIP benefits that allowed State Farm to estimate its UM obligatio ... n after reasonable investigation; because State Farm did not pay benefits within six months of that date, the plaintiff was entitled to recover attorney fees for her successful prosecution of the UM claim.
OUTCOME: plaintiff's victory
established that motor vehicle insurer that has paid personal injury protection (PIP) benefits is not entitled to be reimbursed from underinsured motorist (UIM) benefits paid to its insured unless the ... insured has been fully compensated for his or her total damages, i.e., that PIP and UIM benefits “stack.”
OUTCOME: plaintiff's victory
established that SAIF Corporation is not an arm of the state for purposes of Eleventh Amendment immunity and, thus, is subject to liability under 42 U.S.C. §1983 when it acts under color of state law t ... o deprive individuals of their federal constitutional rights.
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