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Important Policyholder Win in the Oregon Court of Appeals: Contractors—This Is Good News

On May 10, 2017, the Oregon Court of Appeals made several significant holdings in the appeal of an insurance policy garnishment proceeding. The court of appeals held that a liability insurer’s exclusion for multi-unit new residential construction was ambiguous and, when construed against the insurer, did not apply to defeat coverage for construction-defect claims in … Continue Reading

BEWARE—The Pollution Exclusion Is Alive in Oregon

This article was originally posted on The Northwest Policyholder, Miller Nash Graham & Dunn’s insurance coverage blog. Contractors, builders, real estate managers, and others should be aware of a March 9, 2017, decision by an Oregon federal judge who found that carbon monoxide is included in the plain meaning of “pollutant” as defined in a … Continue Reading

Smelter Not Liable Under CERCLA as an Arranger for Disposal

A Ninth Circuit panel reversed a district court’s denial of a smelter owner’s motion to dismiss, holding that the owner/operator of a facility that emits airborne hazardous substances cannot be held liable as an arranger for disposal under CERCLA. The case involves a smelter owned and operated by Teck Cominco Metals, Ltd., and located about ten … Continue Reading

October 1 Deadline: Employers Must Notify All Employees About New Health Insurance Exchange

Although enforcement of the Affordable Care Act (the “ACA”) play-or-pay rules has been delayed until 2015, the new online health insurance marketplace (better known as the “exchange”) will be up and running by January 1, 2014. By the start of the exchange’s open-enrollment period on October 1, 2013, nearly all employers must provide a notice to their current employees about … Continue Reading
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