Gordon & Polscer Named One of "Best Law Firms" by U.S. News & World Report

Gordon & Polscer was named, once again, one of the 2016 U.S. News & World Report - Best Lawyers “Best Law Firms,” recognized as Tier 1 in Portland for Insurance Law. Selection is based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process.

Robert Spajic has been admitted to the Federation of Defense and Corporate Counsel

We are proud to announce Robert Spajic’s recent admission as a member of the Federation of Defense and Corporate Counsel (FDCC).  The Federation was founded in 1936 as an international defense organization dedicated to the principles of knowledge, justice and fellowship. Membership is limited, selective, and by nomination only. Election is by the Board of Directors upon recommendation of an independent Admissions Committee charged with the responsibility of making a careful investigation into the qualifications of each nominee to insure that those selected have distinguished themselves professionally. All nominees must be of high professional standing and of good moral character.

We congratulate Mr. Spajic on his selection as member of the FDCC!

Diane L. Polscer – appointed Co-Chair of the Extracontractual and Bad-Faith Liability Committee of the American College of Coverage and Extracontractual Counsel (ACCEC)

Diane Polscer has been appointed Co-Chair of the Extracontractual and Bad-Faith Claims Liability Committee of the American College of Coverage and Extracontractual Counsel (ACCEC). ACCEC, established in 2012, is composed of preeminent coverage and extracontractual counsel in the United States and Canada, representing the interests of both insurers and policyholders. ACCEC is focused on the creative, ethical and efficient adjudication of insurance coverage and extracontractual disputes, peer-provided scholarship, professional coordination and the improvement of the relationship between and among its diverse members.

The Duty to Indemnify When The Insured Settles: Who Has The Burden of Proof?

When an insured’s liability is established at trial, the duty to indemnify is based on the facts proven at trial.  Ledford v. Gutoski, 319 Or. 397, 403, 877 P.2d 80, 84 (1994).  However, when the insured enters a settlement, the duty to indemnify is determined on the facts that form the basis for the settlement.  Bresee Homes, Inc. v. Farmers Ins. Exch., 353 Or. 112, 126, 293 P.3d 1036, 1044 (2012).  Unlike a trial, a settlement agreement may not be documented by a transcript of proceedings or pleadings.  Accordingly, determining coverage for liability incurred in a settlement can present a unique challenge, which raises the question of whose challenge it is.