When an insurer defends a lawsuit under a reservation of rights, the lawyer handling the defense may influence facts that affect both liability and insurance coverage. A recent Minnesota Court of Appeals decision gives policyholders greater ability to address that
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The Stoel Rives Appellate Law Blog
The Stoel Rives LLP blog covers a range of legal topics with a focus on litigation, regulatory developments, and transactional matters affecting businesses. It provides updates and analysis on insurance law, environmental law, administrative law, and procedural issues such as appeals and damages claims. The blog discusses recent court decisions and legislative changes impacting areas like bad-faith insurance claims, environmental cleanup liability, punitive damages standards, and administrative rulemaking. It serves as a resource for legal professionals and clients seeking insights into complex legal challenges across multiple jurisdictions, emphasizing practical implications for policyholders, insurers, and regulatory compliance.
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When Is “Close” Close Enough? Minnesota Supreme Court to Review Scope of the “Closely Related” Personal Jurisdiction Doctrine
A pending Minnesota Supreme Court case could reshape when out-of-state businesses can be sued in Minnesota based on contracts they never signed.
The Minnesota Supreme Court’s decision to grant review in Medtronic, Inc. v. Lahn highlights an unsettled issue in…
Oregon Supreme Court Narrows Contribution Bar under the Oregon Environmental Cleanup Assistance Act
In a landmark decision affecting environmental insurance claims, the Oregon Supreme Court clarified the scope of the “contribution bar” under the Oregon Environmental Cleanup Assistance Act (OECAA). In Continental Casualty Co. v. Argonaut Ins. Co., 373 Or. 389 (2025), the…
The Evolving Landscape of Bad-Faith Law in Oregon: A Year After Moody v. Oregon Community Credit Union
The 2023 Moody v. Oregon Community Credit Union decision reshaped Oregon’s bad-faith insurance law, allowing policyholders to claim emotional distress damages under Oregon’s Unfair Claim Settlement Practices Act (ORS 746.230) without proving physical impact. This ruling has since expanded insurer…
Idaho Supreme Court Update: The Court Clarifies How to Add a Request for Punitive Damages
By Cory Carone
In Davis v. Blast Properties, Inc., the Idaho Supreme Court clarified the standard trial courts should apply when deciding whether to grant a party leave to seek punitive damages. The Court held that trial courts are not required to…
Idaho Supreme Court Update: The Court’s original jurisdiction is limited, but the Legislature’s regulation of executive rulemaking is not
By Cory Carone
On January 29, 2024, the Idaho Supreme Court issued an opinion in Idaho State Athletic Commission v. Office of the Administrative Rules Coordinator. In the decision, the Court held that it does not have original jurisdiction to decide declaratory…
The Mood Swings on Insurer Bad-Faith in Oregon: An Analysis of the Oregon Supreme Court Decision in Moody v. Oregon Community Credit Union
The Oregon Supreme Court has long held the legislature did not create a private right of action under the Unfair Claims Settlement Practices Act (ORS 746.230). Policyholders could bring a tort claim against their insurance company only if the insurer…
Washington Supreme Court Unanimously Rejects the Apex Doctrine
In Stratford v. Umpqua Bank, No. 100717-5 (Sept. 14, 2023) (slip op.), the Washington Supreme Court rejected the application of the “apex doctrine” in Washington. The apex doctrine has been adopted by some jurisdictions to shield high-level executives and officials…
Idaho Supreme Court Update: The Risks of Cross Appeals
We recently addressed the Idaho Supreme Court’s decision in 616 Inc. v. Mae Properties, LLC, No. 49190 (Feb. 8, 2023), and specifically the essential elements of a lease. The decision also includes an important appellate practice point regarding…
Idaho Supreme Court Update: Attorney’s Fees in Real Estate Litigation Under Idaho Code § 12-120(3)
On February 14, 2023, the Court released a unanimous decision in Treasure Valley Home Solutions, LLC v. Chason. This post will focus on the Court’s analysis of when a real estate transaction is a commercial transaction such that attorney’s…