500 Pioneer Tower
888 SW Fifth Avenue
Portland, OR 97204

747 SW Mill View Way
Bend, OR 97702

610 Glatt Circle
Northwood Office Park
Woodburn, OR 97071

Portland: 503 323 9000
Bend: 541 585 1035
Woodburn: 503 981 0155
Fax: 503 323 9019
info@cosgravelaw.com

Nate Funk Joins Firm's Business Practice Group March 17, 2015

We are pleased to announce that Nate Funk has joined our business practice group.   Prior to joining Cosgrave, Nate held the position of Chief Legal Officer of a Portland-based online auto auction marketplace. He has also worked for two other Portland law firms, where his practice focused on a mix of litigation and transaction work. His current practice focuses on general business representation, including: entity formation, contract drafting and review, website terms and conditions, and general counsel services.
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Josh Kennedy Joins Firm's Construction Law Practice Group March 17, 2015

We are please to announce that Josh Kennedy has joined our construction law practice group. Prior to joining Cosgrave, Josh gained vast experience trying more than 25 jury trials through verdict, while focusing on a variety of practice areas, including:  complex construction defect, personal injury, auto accident, property dispute, premises liability and environmental claims.  "Josh’s varied courtroom and general practice experience makes him a valuable, exciting addition to our firm," says Managing Partner Andy Burns. After graduating magna cum laude with a degree in psychology from Willamette University and, later, studying law at University of Oregon School of Law, Joshua was admitted to the Oregon State Bar in 2006. He is also a member of the United States District Court of Oregon.
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Tom Christ Wins in Oregon Court of Appeals

March 4, 2015

In Dowell v. Oregon Mutual ., __ P3d __, 2015 WL 363484 (January 28, 2015), plaintiff alleged that Oregon Mutual was required to pay her transportation expenses under the PIP coverage of her auto policy with Oregon Mutual for the cost of travel to doctors’ offices and pharmacies to obtain treatment or medication for the injuries she suffered in a car accident.  Oregon Mutual denied her claim for transportation expenses, and plaintiff sued Oregon Mutual for Breach of contract, seeking damages and attorney fees.  She also asked the court to certify a class action, so that she could bring claims on behalf of other insureds who were denied PIP benefits for transportation-related expenses.  Oregon Mutual moved the trial court for summary judgment, arguing that the PIP statues require benefits for the cost of medical services but not for the cost of transportation services.  The trial court agreed and concluded, as a matter of law, that plaintiff was not entitled to travel-related PIP benefits.  Accordingly, it granted OMI’s motion for summary judgment and denied her request for class certification.  Plaintiff appealed, seeking reversal and remand.    

In its ruling, the Court of Appeals affirmed the trial court.  The court accepted Oregon Mutual’s principal arguments, which were based on the text of the key statute, ORS 742.524(1)(a), taken in context.  The statute requires PIP benefits for “[a]ll reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance and prosthetic services.”  Relying on standard dictionary definitions, the court held that the “expenses” of those “services” do not include the cost of transportation to them.  The court further held that the statute does not contemplate the services of cabbies, bus drivers, and other transportation providers, because the term “provider” is defined in the PIP statutes to mean a person who is licensed to provide medical care.