NEWS & INSIGHTS

Bullivant Among the Greatest Places to Work in Oregon and SW Washington, Makes The Oregonian’s List of Top Workplaces 2022

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FILTER NEWS & INSIGHTS

Hemingway, the Oregon Supreme Court, and What Is Right until It Is Wrong

INSIGHTS

12.01.15

Bullivant Attorneys Secure Defense Verdict in a First-Party Property Claim Case

NEWS

11.25.15

Loss of Use Damages: Recoverable or Not?

INSIGHTS

11.01.15

Interplay of the Washington Industrial Insurance Act and Asbestos Exposure Claims

INSIGHTS

10.28.15

Doug Houser Retires from Nike’s Board, Tells a Fateful Creation Story

NEWS

10.09.15

Nevada Adopts Cumis Independent Counsel Rule; Holds Reservation of Rights Is Not a Per Se Conflict

INSIGHTS

09.25.15

OOPS! – Marine Towing Liability

INSIGHTS

09.01.15

Duty to Defend Triggered by Extrinsic Evidence Showing Insurer-Insured Relationship Existed

INSIGHTS

08.27.15

California Supreme Court Finds Liability Policies Are Assignable in Some Circumstances

INSIGHTS

08.25.15

New Oregon Law Extends Sick Leave to (Almost) All Employees

INSIGHTS

07.23.15

Rescue at Sea

INSIGHTS

07.01.15

Oregon Governor Signs “Ban the Box” Bill Preventing Questions about Criminal Convictions

INSIGHTS

06.30.15

Neighborly or Trespassing? Equitable Easement and Portable Patio Furniture

INSIGHTS

06.25.15

Employees and Applicants Will “Like” New Oregon Social Media Law

INSIGHTS

06.23.15

California Court Holds That Scope of Repair Is Appraisable

INSIGHTS

06.19.15

Washington Supreme Court Defines “Collapse” to Include “Substantial Impairment of Structural Integrity”

INSIGHTS

06.18.15

Admiralty in the US Supreme Court, or Not

INSIGHTS

05.01.15

Proposed Oregon Insurance “Bad Faith” Legislation is Dead!

INSIGHTS

04.24.15

California Court Says Neighbor Has a License to Landscape, Forever

INSIGHTS

04.09.15

Superior Court of Pennsylvania Strikes Down “Any Exposure” Theory in Asbestos Litigation

INSIGHTS

03.17.15

Helping Our Community Prosper through SummerWorks

NEWS

03.02.15

Congestion – of the Port Variety

INSIGHTS

03.01.15

Oregon Crowdfunding Regulations Released

INSIGHTS

02.10.15

What Can a Business Do When It Is Under Attack on Social Media?

INSIGHTS

01.06.15

What Happened?

INSIGHTS

01.01.15

California Appellate Court Upholds Replacement Cost Condition but Authorizes “Conditional Judgment” for Replacement Cost Benefits

INSIGHTS

12.02.14

Finders, but Not Keepers

INSIGHTS

11.01.14

Insurer Owes Duty to Defend Claim of Intentional Infliction of Emotional Distress, Says the Idaho Federal District Court

INSIGHTS

10.02.14

Michael Guadagno Serves as Coach and Mentor for Middle School Mock Trial

NEWS

09.01.14

Some Mar. Abbrv. Defined

INSIGHTS

09.01.14

“The Point” Makes Its Point

INSIGHTS

08.13.14

Oregon Court of Appeals Rejects Insured Conditioning His Duty to Cooperate after Loss

INSIGHTS

07.23.14

How to Settle Purchase and Sale Disputes

NEWS

07.09.14

Maritime Law, Quirky Or Not?

INSIGHTS

07.01.14

Why Seattle’s Minimum Wage Hike is Relevant to All Employers – Not Just Those in Seattle

INSIGHTS

06.03.14

No Secrets Allowed

INSIGHTS

06.01.14

Washington Court Holds Covenant Judgment Sets a Floor, Not a Ceiling, on Damages

INSIGHTS

05.08.14

California Court of Appeal Allows Insured to Sue Adjuster Personally for Negligent Misrepresentation and Intentional Infliction of Emotional Distress

INSIGHTS

04.04.14

Frequently Asked Questions: Trademark

INSIGHTS

04.01.14

Frequently Asked Questions: Patent

INSIGHTS

04.01.14

Frequently Asked Questions: Domain Name

INSIGHTS

04.01.14

Frequently Asked Questions: Copyright

INSIGHTS

04.01.14

Water Park Gets No Insurance Recovery after Jury Returns Unanimous Verdict in Idaho Federal Court Case

NEWS

02.05.14

Maritime Law: What You Don’t Know Will Cost You

INSIGHTS

03.21.14

Sound Off!

INSIGHTS

03.01.14

Bullivant Attorneys Secure Unanimous Jury Verdict in Vacancy Clause Case

NEWS

02.05.14

Loren Podwill Featured Among Portland’s Top Law Firm Executives

NEWS

02.05.14

California Clarifies Scope of Reasonable Expectations for Additional Insureds

INSIGHTS

01.15.14

Why Defense Lawyers Should Care About Social Media, Part 2

INSIGHTS

01.09.14

What Were They Thinking?

INSIGHTS

01.01.14

Why Defense Lawyers Should Care About Social Media, Part 1

INSIGHTS

12.23.13

Oregon Becomes First State to Mandate Protected Bereavement Leave

INSIGHTS

12.20.13

New Nevada Statute May Affect Enforceability of Appraisal Clause in Property Insurance Policies

INSIGHTS

12.11.13

Admiralty Jurisdiction – What Does That Mean?

INSIGHTS

11.01.13

Ooh-Rah! Veterans Day Gets a Little Sweeter for Oregon Veterans

INSIGHTS

10.17.13

Oregon Court of Appeals’ Decision Says Medical Service Providers May Accept a Lower Rate than Otherwise Payable under Workers’ Compensation Fee Schedule

INSIGHTS

10.03.13

Seven Things About Professional Liability Coverage, Part 7: Some Exclusions

INSIGHTS

09.18.13

Seven Things About Professional Liability Coverage, Part 6: Restitutionary Relief

INSIGHTS

09.11.13

Washington Court of Appeals Clarifies an Insurer’s Subrogation Rights

INSIGHTS

09.04.13

A Bridge Too Near

INSIGHTS

09.01.13

Seven Things About Professional Liability Coverage, Part 5: Self-Eroding Policies

INSIGHTS

08.30.13

The Use of Fringe Science in Washington State Collapses for Policyholder Allegations of “Collapse”

INSIGHTS

08.28.13

Seven Things About Professional Liability Coverage, Part 4: Related & Interrelated Acts

INSIGHTS

08.19.13

Seven Things About Professional Liability Coverage, Part 3: Retroactive Dates

INSIGHTS

08.08.13

Back on the Menu in California Bad Faith Litigation: Unfair Competition Claims

INSIGHTS

08.05.13

Seven Things About Professional Liability Coverage, Part 2: Claims Made and Reported Provisions

INSIGHTS

08.02.13

Consequences for Breach of the Duty to Cooperate

INSIGHTS

07.30.13

Who Really Is the “Supervisor” in Your Office When It Comes to Your Liability for a Hostile Work Environment?

INSIGHTS

07.17.13

Seven Things About Professional Liability Coverage, Part 1: Professional Services

INSIGHTS

07.17.13

Safe Berth Warranty Revisited

INSIGHTS

07.01.13

“Don’t Leave Home Without It”—Supreme Court Allows Class Action Waivers in Arbitration Agreements

INSIGHTS

06.28.13

Failure to Warn: Medical Payment Provision can be a Trap for the Unwary

INSIGHTS

06.25.13

How To Make Rain Disappear

INSIGHTS

05.23.13

Not So Fast

INSIGHTS

05.01.13

Idaho Supreme Court Holds There Is Coverage for Attorney’s Fees Even Though There Are No Covered Damages

INSIGHTS

04.30.13

Portland Mandates Paid Sick Leave to “Promote a Vibrant, Productive and Resilient City”

INSIGHTS

04.15.13

Attorney-Client Privilege Analyzed by Idaho Federal Court in Insurance Company’s Bad Faith Case

INSIGHTS

04.10.13

Idaho High Court Calls Third Strike on “Baseball Rule”

INSIGHTS

03.28.13

Washington Supreme Court Announces New Presumption of No Attorney-Client Privilege for First-Party Insurers

INSIGHTS

03.01.13

A Vessel Defined

INSIGHTS

03.01.13

New Federal Court Decision Protects Insurer’s Decision Not To Continue Defending Policyholder During Appeal

INSIGHTS

02.14.13

In Washington, Binding Arbitration Clauses in Insurance Contracts are No Longer Enforceable

INSIGHTS

02.05.13

Weighing the Options of the Affordable Care Act

INSIGHTS

02.04.13

California Enforces Law or Ordinance Exclusion in Property Policy

INSIGHTS

01.31.13

Staples v. Allstate: “Substantially Complying” with an EUO Requirement Without Complying at All

INSIGHTS

01.30.13

“Use it or lose it” principle does not result in partial extinguishment of easement.

INSIGHTS

01.23.13

Three Lessons from Bad Faith Appeal Awarding Insurer Its Attorney’s Fees

INSIGHTS

01.15.13

CGL Firearms Exclusion Precludes Coverage for Negligence Claims

INSIGHTS

01.09.13

California Supreme Court’s Holiday Gift to Recreational Activity Operators: Expansion of “Primary Assumption of the Risk” Defense

INSIGHTS

01.08.13

Insurer May Owe Duty to Defend Where Date of Property Damage is Not Specified in Underlying Complaint

INSIGHTS

01.02.13

Some Enlightenment on Vessel Lighting

INSIGHTS

01.01.13

Insured’s Allegations In Suit Against Contractors Deemed Admissions Precluding First-Party Coverage

INSIGHTS

12.04.12

Citing the Lack of a “Daubert” Hearing, U.S. Ninth Circuit Vacates $10 Million Asbestos Verdict

INSIGHTS

11.21.12

All-Risk Hull Insurance Clarified

INSIGHTS

11.01.12

Washington High Court Limits Insurers’ Jury Trial Rights

INSIGHTS

10.30.12

California Court Rejects Declination Regardless of Insured’s Breach of Proof of Loss and Notice Requirements

INSIGHTS

10.25.12

The Agreed-Boundary Doctrine: Acquiescence in Fence Location Does Not Establish New Property Boundary Line

INSIGHTS

10.11.12

California Adopts Seven-Hour Deposition Rule Effective January 1, 2013

INSIGHTS

09.20.12

Have You Left Anything Behind?

INSIGHTS

09.01.12

Property Owners: Only you can prevent prescriptive easements.

INSIGHTS

08.14.12

California Adopts “All-Sums-With-Stacking” Doctrine for Continuous and Progressive Property Damage Liability Claims

INSIGHTS

08.13.12

Nevada Supreme Court Rejects Use of Constructive Notice for Claims Made and Reported Policy

INSIGHTS

07.02.12

Maritime Piracy in US Courts

INSIGHTS

07.01.12

California Appellate Court Addresses Professional Liability Coverage Issues

INSIGHTS

06.07.12

Washington Supreme Court Addresses “Ensuing Loss” Provisions, the “Efficient Proximate Cause” Rule, and the Definition of “Collapse”

INSIGHTS

05.30.12

Let Them Eat Cake…but Follow These Rules: Compliance with California’s Mandatory Meal Break Statutes

INSIGHTS

05.10.12

The Law of Logbooks

INSIGHTS

05.01.12

Sometimes the Good Guys Win: Collusive Settlements and Fraudulently Induced “Judgments” Don’t Break Policy Limits

INSIGHTS

03.29.12

Adverse possession by a co-owner: intent to oust co-owner must be clear and unequivocal

INSIGHTS

03.01.12

Appeals in Maritime Cases

INSIGHTS

03.01.12

Times Change – or Do They?

INSIGHTS

01.01.12

Don’t Overlook Warranties In Hull and P & I Policies

INSIGHTS

11.01.11

Seattle Passes Paid Sick Leave Ordinance

INSIGHTS

10.18.11

Billboard Easement Prohibits Landowner from Constructing a Building Blocking the View of the Billboard

INSIGHTS

09.27.11

Ninth Circuit Affirms Dismissal of Breach of Contract, Washington Consumer Protection Act and Insurance Fair Conduct Act Claims Against Boiler & Machinery Insurer.

INSIGHTS

09.06.11

Some Maritime Terms Explained — Part 4

INSIGHTS

09.01.11

Consumer, But Not Unlicensed Contractor, May Enforce Arbitration Clause

INSIGHTS

09.01.11

Bullivant Secures Jury Verdict, Court Awards Judgment Under Counterclaim for First-Party Insurance Fraud

INSIGHTS

08.31.11

Insurers Not Liable Under ORS 742.061 For Attorney Fees Awarded Against Non-Settling Co-Insurers

INSIGHTS

08.24.11

California Court Applies MacKinnon In Property Insurance Dispute, Finds Pollution Exclusion Applies

INSIGHTS

08.23.11

Nevada Adopts Notice-Prejudice Doctrine

INSIGHTS

08.09.11

In Nevada, Liability Insurer Cannot Exhaust Policy Before Judgment by Interpleading Funds

INSIGHTS

07.13.11

Some Maritime Terms Explained — Part 3

INSIGHTS

07.07.11

California Court Upholds Attorney-Client Privilege and Work Product Protection

INSIGHTS

06.30.11

Nevada Supreme Court Finds An Earth Movement Exclusion Ambiguous

INSIGHTS

05.23.11

Rethinking Arbitration Agreements in Employment

INSIGHTS

05.16.11

Some Maritime Terms Explained — Part 2

INSIGHTS

05.06.11

Ninth Circuit Expands Criminal Liability Under Computer Fraud and Abuse Act

INSIGHTS

05.04.11

Some Maritime Terms Explained — Part 1

INSIGHTS

03.10.11

Hiring Foreign Workers – At Home and Abroad

INSIGHTS

02.24.11

Fire Insurance Policy Language Intended to Eliminate Innocent Coinsured Recovery is Unenforceable in California

INSIGHTS

02.23.11

Forum Selection Clauses in Maritime Contracts

INSIGHTS

01.11.11

New Year’s Resolution: Protect Your Confidential Shipping Data at U.S. Ports of Entry

INSIGHTS

01.04.11

Theft of Money is not “Loss of Use” Under a Commercial General Liability Policy

INSIGHTS

12.16.10

Tip Pooling by Restaurants Gets a Judicial Thumbs Up

INSIGHTS

11.30.10

California Supreme Court Steps Away from Foster-Gardner Doctrine

INSIGHTS

11.23.10

“Collapse” Coverage Ensues from Excluded Perils

INSIGHTS

11.11.10

Marine-Insurance-101

INSIGHTS

11.05.10

Fair Market Value Includes Sales Tax; Washington Supreme Court Reverses Holden

INSIGHTS

09.29.10

Does Authorship Really Equate to Ownership?

INSIGHTS

09.27.10

Copyright Litigation Becomes A Little Bit Easier for West Coast Plaintiffs

INSIGHTS

09.23.10

Federal v. State Law in Maritime Cases

INSIGHTS

09.16.10

First-Party Insured’s Bad Faith Allegations Not Sufficient to Defeat Insurer’s Attorney-Client Privilege

INSIGHTS

08.11.10

Official-Appearing IP Notices Raise Warning Flags

INSIGHTS

07.15.10

Nevada Supreme Court Affirms Award Of “Non-Case Concluding” Sanctions For Party’s Violation of Discovery Orders

INSIGHTS

07.09.10

Maritime Liens for Necessaries 101

INSIGHTS

07.08.10

California Courts Issue Two Significant Coverage Decisions

INSIGHTS

06.28.10

Marine Surveyor Liability

INSIGHTS

06.07.10

Arbitration: Good Decision or Bad, You Get What You Bargained For

INSIGHTS

06.01.10

Managing the Case of a Lifetime: How to Survive and Prosper Without Imperiling Your Sanity, Personal and Client Relationships, and the Self-Insured Retention on Your E&O Policy

INSIGHTS

05.20.10

Business Income Coverage Shocker

INSIGHTS

03.29.10

Bad Faith Expanded: An Insurer Cannot Deny the Duty to Defend in an Arguable Case, Even if Reasonably Justified

INSIGHTS

03.24.10

“Equitable Contribution” Must be Fair

INSIGHTS

03.22.10

Exculpatory Clauses in Shipyard Contracts

INSIGHTS

03.04.10

Brain Over Brawn

INSIGHTS

03.01.10

Coverage Case Creates Easement Lesson for Landowners and Insureds

INSIGHTS

02.05.10

An Honest Mistake Over the Use of an Easement is Not an Accident and Therefore Not a Covered Loss

INSIGHTS

02.03.10

Washington Supreme Court Issues Not-So-Gentle Reminder ($8,000,000) About Importance of Diligence in Discovery

INSIGHTS

01.19.10

Resolving Maritime Disputes

INSIGHTS

01.07.10

California Court Clarifies Disclosure and Disqualification Rules For Appraisers

INSIGHTS

12.22.09

Seattle Court Denies $13 Million “Collapse” Claim

INSIGHTS

12.17.09

For Companies Operating On The Web, New Data Security Regulations Have Broad Implications

INSIGHTS

11.17.09

Prior Publication Exclusion Applies to Trademark Infringement Claims

INSIGHTS

11.17.09

Seaworthiness Defined

INSIGHTS

11.02.09

Don’t Turn Your Back on Your Property for Too Long, You May Lose It by Adverse Possession

INSIGHTS

10.22.09

A Wharfinger’s Duties

INSIGHTS

09.01.09

Insured v. Insured Exclusion in D&O Policy Explored by Ninth Circuit

INSIGHTS

07.15.09

Effective Immediately: California Enacts E-Discovery Law

INSIGHTS

07.14.09

The Law of Lookouts

INSIGHTS

07.09.09

Choice of law matters: By arguing state law rather than federal maritime law, marina avoids liability for sinking of houseboat caused by “unsafe” berth

INSIGHTS

06.25.09

Submerged Obstructions to Navigation

INSIGHTS

05.15.09

California Court of Appeal reverses trial court’s award of monetary sanctions against a nonparty insurer for failure to negotiate in good faith at a mandatory settlement conference

INSIGHTS

04.16.09

Towing Liability, Part Two: Towing Company Not Necessarily Liable for Loss of Tow

INSIGHTS

03.01.09

Court rejects jury instructions on “Genuine Dispute” Doctrine

INSIGHTS

03.02.09

Pollution exclusions after MacKinnon

INSIGHTS

02.05.09

How to lose your federal trademark registration

INSIGHTS

01.26.09

Is the glass half full or half empty? California Court of Appeal revisits emotional distress claims, attorneys fees, and punitive damages in insurance “bad faith” cases

INSIGHTS

01.12.09

Court limits scope of professional services exclusion

INSIGHTS

01.06.09

Towing Liability, Part One: Towing Company Not Necessarily Liable for Loss of Tow

INSIGHTS

01.02.09

Liability insureds may sue for bad faith in the absence of coverage, but must prove actual harm

INSIGHTS

12.03.08

Liability insurers are bound by findings in judicially approved settlements

INSIGHTS

10.31.08

Homeowners’ CC&Rs can provide an exclusive easement over a private roadway on a landlocked parcel

INSIGHTS

10.31.08

“Jumping from moving vessel” case reflects confused state of “assumption of the risk” defense in California

INSIGHTS

10.29.08

“PRO-IP Act” Anti-Piracy Law: Copyright and trademark infringers beware

INSIGHTS

10.28.08

The Washington Supreme Court adopts the “selective tender” defense and raises the bar for late notice prejudice

INSIGHTS

09.09.08

Of Mice and Heirs

INSIGHTS

08.15.08

Bullivant attorney Norman Ronneberg continues wins for maritime industry

INSIGHTS

08.06.08

California court finds insurer temporarily estopped from relying on contracting clause in RCV policy

INSIGHTS

08.05.08

Court adopts narrow definition of “Negligent Publication”

INSIGHTS

07.24.08

Is your business CAN-SPAM compliant?

INSIGHTS

07.24.08

Swimming pool injury claim sends California Court off the coverage deep end

INSIGHTS

06.30.08

Bullivant prevails in rare case upholding terminating sanctions

INSIGHTS

06.12.08

California Court Protects Insurers’ Rights To Contest Coverage After Appraisal

INSIGHTS

05.21.08

Landmark trademark infringement awarded to Adidas

INSIGHTS

05.14.08

“IFCA only applies prospectively,” says the U.S. District Court for the Western District of Washington

INSIGHTS

04.23.08

A landowner can acquire a prescriptive easement over surface water coming from a neighboring property

INSIGHTS

04.22.08

Are employers required to provide benefits to same-sex domestic partners? The Oregon Insurance Division certainly thinks so!

INSIGHTS

04.11.08

Supplementary Payments provision does not cover reasonable attorney fees

INSIGHTS

04.09.08

California court reaffirms no coverage for sexual assault

INSIGHTS

04.04.08

Superman: The man of steel cuts down DC Comics

INSIGHTS

04.04.08

Responsibilities imposed by the federal maritime doctrine of uberrimae fidei

INSIGHTS

04.01.08

Easement by necessity? Not if the federal government has anything to do with it.

INSIGHTS

02.26.08

San Francisco’s Health Care Ordinance finally goes into effect

INSIGHTS

02.11.08

Court concludes insurance fair conduct act applies prospectively only

INSIGHTS

02.04.08

Actual cash value does not include sales tax under Washington law

INSIGHTS

01.24.08

Urgent attention required: IRS qualified plan determination program deadline approaching

INSIGHTS

01.08.08

California court finds insurer potentially liable for default judgment

INSIGHTS

01.02.08

Court finds no duty to defend defamation claim

INSIGHTS

12.19.07

What’s all the stink about? No liability coverage for bad odors in California.

INSIGHTS

11.26.07

California Court of Appeal upholds insurer’s attorney-client privilege

INSIGHTS

10.15.07

An exclusive easement, how can that be?

INSIGHTS

09.21.07

In Re: Seagate – Raising the bar for patent holders

INSIGHTS

09.04.07

Oregon Court of Appeals limits wrongful death claims

INSIGHTS

06.18.07

Supreme Court decides questions of first impression in FCRA class action cases

INSIGHTS

06.04.07

Delgado v. ACSC: Bad Faith and the Duty to Defend

INSIGHTS

05.25.07

What employers need to know about Oregon’s new domestic partner and anti-discrimination laws

INSIGHTS

05.03.07

Jordan II: Bad Faith and the Duty to Investigate

INSIGHTS

03.23.07

One Court, Two Decisions: The Debate Continues As To What Constitutes “Direct Physical Loss” Under Business Interruption Insurance

INSIGHTS

01.23.07

Bernstein v. Travelers: Discovery of Property Loss Reserves

INSIGHTS

01.23.07

California Court of Appeal Rules in Favor of Property Insurer on Case Involving Reformation, Scope of Agent Authority, Doctrine of Non-Reversible Error

INSIGHTS

11.21.06