A large part of my practice is assisting associations and property owners with first party insurance claims. For those I haven’t had a chance to work with, a first party insurance claim is a claim against an association or owner’s own property insurance policy. These claims often involve significant property damage to properties that are past the statute of limitations to pursue the developer or contractors that built or converted the project. Washington has been ahead of the curve with respect to recovery on first party claims. Oregon, for reasons too lengthy to discuss here, has generally been unfavorable to first party claimants.

We are happy to report that the tide is beginning to turn in Oregon. We’ve recently completed a couple of significant recoveries for our Oregon clients on first party claims. The amounts of the settlements are confidential, but both settlements have helped our clients fund much needed repairs.

The recent recoveries are definitely good news, but also provide a cautionary tale. In both recent matters, the insurer cited a number of timing defenses. These typically include “known” damage issues and untimely claims. The timing issues stem, at least in part, from Oregon’s poor track record of recovery on these claims and owners unaware that they had a viable claim.

If you are an owner or manager and significant property damage has been discovered, it is worthwhile to explore whether there is a viable first party claim. While a financial recovery is certainly possible, waiting too long could result in missing out on a claim or reducing funds otherwise available. We are happy to take a look at any potential claim and provide an association or owner with an assessment of whether recovery is possible.