Barker Martin

Condo-HOA Blog - November, 2019

Unapproved Tree Work Carries a Risk of Civil Penalties

The Pacific Northwest was built in large part on the back of a booming logging industry. Since those early days, the region is known for dense, wild forest lands and progressive forest management. The States of Washington and Oregon take trees very seriously. You may be aware of state laws that severely punish those who cut down trees without permission on the land of another. For example, ORS 105.810 and RCW 64.12.030 allow for triple damages against someone held liable for "timber trespass." read more


Don't Get Soaked by Flood Insurance

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

TAGS: Insurance, Oregon
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