Oregon Injury Law Blog
Category: Legal Precedent
Oregon Court of Appeals Upholds Protections for Insurance Policyholders
Oregon Court of Appeals Upholds Protections for Insurance Policyholders
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The Shifting Legal Scene on Oregon’s Noneconomic Damages Cap
In the landmark case of Scott Raymond Busch v. McInnis Waste Systems, Inc., the Oregon Supreme Court ruled that the $500,000 cap on noneconomic damages in personal injury cases was unconstitutional. This decision significantly affects individuals seeking fair compensation for pain, suffering, and life-altering injuries.
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What Georgetown Realty, Inc. v. Home Ins. Co. Means for Personal Injury Clients in Oregon
The 1992 Oregon Supreme Court decision in Georgetown Realty, Inc. v. Home Ins. Co. revolutionized the way liability insurers are held accountable, significantly bolstering protections for personal injury clients in Oregon. This landmark ruling affirmed that insurers must act with a fiduciary duty of care toward policyholders, providing a clearer path for pursuing tort claims against inadequate or negligent defense efforts by insurers. For individuals navigating personal injury claims, this case underscores the importance of understanding your rights and the heightened responsibilities of your insurer, ensuring stronger legal standing to seek redress for mishandled defenses or unmet settlement obligations.
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