It has been more than two years since Washington’s Supreme Court issued its opinion in Cedell v. Farmers Ins. Co. of Washington, 176 Wash.2d 686, 295 P.3d 239 (2013), radically changing the attorney-client privilege for insurers in Washington.
Gordon & Polscer Attorneys Named Super Lawyers and Rising Stars
In 2014-2015, Tom Gordon, Diane Polscer, and Greg Baird were selected as Super Lawyers in Oregon. Ryan Hesselgesser, in our Seattle office, was selected as a Rising Star.
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.
Diane Polscer is featured in the Oregon/2014 issue of Super Lawyers Magazine!
Ms. Polscer is passionate about balancing work, life, and family. To read the entire article, click here.
Tom Gordon and Diane Polscer were selected for inclusion in The Best Lawyers in America 2015
Tom Gordon and Diane Polscer were selected for inclusion in The Best Lawyers in America 2015 by Best Lawyers. Selection to Best Lawyers is based upon peer review and evaluations by the top attorneys in the country.
Diane Polscer Admitted to the United States Supreme Court
Diane Polscer was inducted by Group Admission to the Bar of the United States Supreme Court at the Annual International Network of Boutique Law Firms Black Tie dinner October 9-14, 2014. The admission ceremony was held in the Great Hall of United States Supreme Court and was hosted by Justice Samuel Alito.