Last week I argued a case before the 9th Circuit Court of Appeals. My client owns a hotel on the Oregon Coast. Several years ago, a hundred year storm flooded the lowest floor of the hotel. My client participated in the National Flood Insurance Program, which is a FEMA backed flood insurance program. The majority of the claim was denied because the bottom floor of the hotel was deemed to be a "basement." The insurance company also argued that the proof of loss, which was submitted by the insurance company's agent, was not timely. The District Court agreed with the insurance company and held that despite the insurance company's appointed agent taking control of the process, essentially my client should have ignored the insurance company's instructions. read more

You are sitting comfortably when out of the blue, the floor starts to shake and pictures fall from the wall. One of two things is happening: you are at my house for Thanksgiving and I've just ambled toward a third plate or you are experiencing an earthquake. In the last week alone, Oregon has experienced more than 30 small earthquakes. Washington has had 33. A recent NBA summer league basketball game had to be evacuated when a 7.1 magnitude earthquake hit Southern California. Most experts believe the "big one" in the Northwest is a question of when, not if. read more

I'm going to let you in on a secret. Nobody really cares about your meal posts. Your "humblebrags" typically result in eye-rolls, not envy. And, I hate to say it, but only people whose names start with "Grammy" are viewing your 50th kid photo. But, there is a new player who is very interested in your social media posts: your insurance company. read more

For those of you who keep emailing me asking when I will be speaking next, I have good news! Ok, nobody has actually emailed asking me that (although some have emailed asking me to speak less…). In any event, I will be speaking at Oregon's 2nd Annual Law Day on Friday, February 1 at the Multnomah Athletic Club. My topic is "Risks and Tips on How to Deal With Aging HOA Communities." I will be offering up tips for both physical elements (caulking, inspections, etc.) and risk management (insurance reviews, appraisals, etc.). My intent is to provide tangible tips for HOA's to prolong the life of their buildings. So, if that interests you or if you are suffering from incurable insomnia, feel free to attend. read more

There is a roadside attraction in Oregon called the Oregon Vortex, where purported paranormal forces cause a number of optical illusions and oddities. It is definitely on my bucket list of Pacific Northwest attractions I want to visit. I have, however, made several visits to what I call the "Insurable Interest" vortex. While I doubt paranormal forces are at work with this vortex, it is worth a word of warning. read more