Gordon & Polscer, L.L.C. is once again recognized on The U.S. News – Best Lawyers list of “Best Law Firms” as Metropolitan Tier 1 in Portland for 2024. The firm has been recognized on the “Best Law Firms” list for Insurance Law since 2016, and this time it makes the list for Litigation – Insurance in addition to 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.
Gordon & Polscer, LLC Makes Best Lawyers® 2023 “Best Law Firms” List
Gordon & Polscer, L.L.C. is once again recognized on The U.S. News – Best Lawyers list of “Best Law Firms” as Metropolitan Tier 1 in Portland for 2023. The firm has been recognized on the “Best Law Firms” list for Insurance Law since 2016, and this time it makes the list for Litigation – Insurance in addition to 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.
Diane Polscer Again Recognized in the 2023 Edition of The Best Lawyers in America®
We are pleased to announce that Diane Polscer is listed in the 28th edition of The Best Lawyers in America® for Insurance Law and Litigation - Insurance. She was first recognized by Best Lawyers® in Insurance Law in 2011 and first recognized in Litigation - Insurance in 2018. Attorneys are chosen for the list each year through peer nomination and review.
Gordon & Polscer, LLC Makes Best Lawyers 2022 “Best Law Firms” List
Gordon & Polscer once again makes The U.S. News – Best Lawyers list of “Best Law Firms,” recognized as Tier 1 in Portland for Insurance Law. Best Lawyers is the oldest and most respected attorney ranking service in the world. Firms that are included in the 2022 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers.
Diane Polscer receives Lawyer of the Year Award
We are pleased to announce that Diane Polscer received Lawyer of the Year recognition in the 28th Edition of The Best Lawyers in America (2022 edition). Diane received this award based on her professional excellence, as recognized by her peers. Diane received this accolade for her work in insurance law and litigation in Portland, Oregon. Congratulations Diane!
Gordon & Polscer Attorneys Named Oregon Super Lawyers
Diane Polscer and Greg Baird have been selected for inclusion in the 2021 Oregon Super Lawyers list. This is the 16th consecutive year Diane has been selected and Greg’s 7th consecutive year.
Gordon & Polscer, LLC Makes Best Lawyers® 2021 “Best Law Firms” List
Gordon & Polscer once again makes The U.S. News – Best Lawyers list of “Best Law Firms,” recognized as Tier 1 in Portland for Insurance Law. Best Lawyers is the oldest and most respected attorney ranking service in the world. Firms that are included in the 2021 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers.
Gordon & Polscer Attorneys Named Oregon Super Lawyers and Rising Stars
Diane Polscer and Greg Baird have been selected for inclusion in the 2020 Oregon Super Lawyers list. This is the 15th consecutive year Diane has been selected and Greg’s 6th consecutive year. In addition, Brian Hickman has been selected for inclusion in the 2012-2015 Oregon Rising Stars list and Robert Kirsher has been selected in the 2016-2018 Oregon Rising Stars list.
First Party Coverage for COVID-19 Claims
There has already been a large amount of discussion around how first party property insurance may apply to claims by businesses based on COVID-19, even before early cases have made their way through the court system. Although potential coverage will depend on the particular policy, fact situation, and jurisdiction, there are some general concepts to consider when analyzing these claims. It is important to note that many policies will have a virus exclusion, but there are other issues to consider.
First, can the insured show that there was a virus present at a covered property? In many instances, an insured may not know whether there was actual evidence of a virus at the insured’s business. Typically, it is the insured’s burden to show coverage, so it should be the responsibility of the insured to show the presence of the virus to even get started on coverage questions for damage to property coverage. Even if there is a virus present at the insured building, does the presence of the virus constitute direct physical loss or damage? In some states, the presence of odor or fumes may satisfy the direct physical loss requirement. If so, the question would be whether the court’s decision allowing such coverage is based on a conclusion that the presence of the fumes or odor physically changed some aspect of the covered property, and whether this should apply to the presence of a virus.
A more typical case may involve a claim for lost income or business interruption given the various limitations or closure orders across the United States. If there is no evidence of a virus present at the insured’s business location, a virus at other locations which cause the government to prohibit access to the insured’s business may allow for coverage under the civil authority provision of many policies. Again, however, the virus must still cause direct physical loss or damage to someone else’s property. So, it seems that the initial issue must still be overcome by the insured. Another argument to be made by the insurer is whether access to the insured’s business is actually “prohibited.” If some access is allowed, like only take-out food, there is a question as to whether this would apply as a “prohibition.” In addressing coverage based on other natural disasters, there is support nationally for a position that only completely barring any type of access to the facility should qualify.
Where an insured overcomes the issues and successfully argues that a coverage grant applies, exclusions may also come in to play. As noted above, many policies exclude coverage for loss caused by a virus. It seems that this exclusion should typically apply, but there are issues here as well. First, if the jurisdiction applies efficient proximate cause, and the policy does not contract around this rule, the insurer may be required to show that the virus is the efficient proximate cause. Some jurisdictions also negate the application of exclusions where there is an intervening covered cause. Again, the specific policy language and jurisdiction will influence the strength of these arguments by the insured. Other policy exclusions may also apply, like the loss of use/loss of market exclusion, but would be subject to the same concerns regarding burden of proof and efficient proximate and intervening causes.
Finally, there is the overhang of legislation on the state and/or national level that may apply to coverage for the COVID-19 losses. Depending on the outcome of such legislation, litigation and additional arguments may arise. At this stage of the pandemic and its resulting litigation, much remains to be seen as to the lasting impact on property insurers.
Gordon & Polscer, LLC Makes Best Lawyers® 2020 “Best Law Firms” List
Gordon & Polscer once again makes The U.S. News – Best Lawyers list of “Best Law Firms” for insurance law. Best Lawyers is the oldest and most respected attorney ranking service in the world. Firms that are included in the 2020 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers.