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Gordon & Polscer Launches Insurance Coverage Law Blog
| Gordon & Polscer has collaborated with four other nationally recognized coverage firms around the country to create a new blog, the National Insurance Law Forum, devoted solely to legal and legislative developments of interest. View the blog and subscribe to updates here.
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Diane Polscer Named Oregon Super Lawyer
Diane Polscer, was selected for inclusion in Super Lawyers 2007 by Law & Politics magazine. This is the second consecutive year Diane has been named to this peer-elected distinction that is presented to only the top 5% of attorneys in Oregon.
Diane Polscer is named President of the Oregon Chapter of the International Network of Boutique Law Firms
Diane Polscer was recently named President of the Oregon Chapter of the International
Network of Boutique Law Firms (“INBLF”). The INBLF is an organization of highly credentialed boutique law firms, each of which,
after a great deal of research, has been identified and hand-selected as outstanding in each firm’s respective field. Each member
firm practices, and is preeminent, in only one or two specific areas, none of which overlaps with any other member’s area of expertise.
The purpose of the INBLF is, among other things, to ensure that each firm’s clients will receive only the highest quality legal
representation, should that client choose to retain any INBLF member, and to provide a healthy referral network among the high
performing, single focus law firms. For more information on the INBLF and its members, visit its website.
Gordon & Polscer is Selected for Membership in the National Association of Minority & Women Owned Law Firms
Gordon & Polscer LLC has been inducted as a member of the National Association of Minority & Women Owned Law Firms
(“NAMWOLF”). NAMWOLF's Law Firm Membership is comprised of AV-rated firms across
the nation which represent major corporate clients. NAMWOLF assists its Law Firm Members in developing strategic
alliances, coalitions, and affiliations with corporations, in-house counsel, and other legal trade associations.
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Case News
Jury Verdict for Insurer on Insured’s Bad Faith Claim after Directed Verdict for Insurer on Whether Condominium Association Policy Applies to Insured Developer Construction Risks and When Condominium Buildings are Put to Their “Intended Use”
After an eight day trial in the United States District Court for the Western District of Washington, a jury found that our client, St. Paul Travelers, did not act in bad faith in the way it had handled a condominium property damage liability claim against the insured developer. If the jury had found that St. Paul had acted in bad faith, it would have been responsible for a $4.8 million covenant judgment settlement between the insured developer and a condominium association. During trial, the court directed a verdict in favor of St. Paul on two coverage issues under two separate policies. First, it ruled that a condominium association policy St. Paul issued to the insured developer did not apply to the developer’s construction risks. The developer had argued this three year policy applied to its construction risks because it was the named insured on the policy. After hearing testimony from the insured’s broker, the court ruled the broker’s knowledge that this policy was intended to cover association risks only was imputed to the insured. Second, under a St. Paul policy issued to the general contractor, the court ruled condominium buildings are not “put to [their] intended use” for completed operations coverage until the local building authority has issued its final inspections, allowing people to move in.
Seattle attorney Stephanie Andersen represented St. Paul Travelers in this matter, St. Paul et. al. v. Meadow Valley, et al., Western District of Washington Cause No. C05-0388TSZ.
Declaratory Judgment Dismissal for Insured Corporations’ Lack of Capacity to Sue
Our client, Assurance Company of America, obtained a dismissal of claims for declaratory judgment brought by insured companies who had been dissolved several years prior to filing the complaint. Applying choice of law principles, we demonstrated that the law applicable to the dissolved companies rendered the companies incapable of suing or being sued. Following this ruling, claims of other parties were resolved on highly favorable terms to our client.
Portland attorney Greg Baird represented Assurance Company of America in this matter, Keranen et al. v. Assurance Company of America, Multnomah County Cause No. 0406-06078.
Late Notice and Spoliation of Evidence Motions Successfully Used to Obtain Favorable Settlements
Our Portland office successfully argued that insurance carriers were prejudiced by (1) late notice; and (2) spoliation of evidence. In two separate matters, notice was provided to the carrier after key evidence, which would have provided information on whether coverage for the accident existed, had been destroyed or covered up due to the fault of the insured. We argued that the combination of spoliation of evidence and late notice should preclude coverage. In both matters, the insureds agreed to settlements favorable to the carriers prior to the hearings on the motions.
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