Post by Logan on Jun 15, 2016 1:30:03 GMT -6
Federal judge sides with Oregon Shakespeare Festival in insurance suit over wildfire smoke
A federal judge has sided mostly with the Oregon Shakespeare Festival in its lawsuit against its insurance company, deciding that canceled performances and facility damage from wildfire smoke should have been covered by the festival's policy.
U.S. Magistrate Judge Mark Clarke ruled that Great American Insurance Co. breached its contract when it denied coverage for lost revenue and damage caused by the smoke from multiple wildfires, which caused air quality to reach hazardous levels, damaged indoor theater filters and affected outdoor lighting and equipment at the Allen Elizabethan Theatre, according to documents filed June 7 in U.S. District Court in Medford.
"We have the right to pursue a trial or a settlement," OSF spokesman Eddie Wallace said, putting the ruling in layman's terms.
The court ruling wasn't fully in OSF's favor. Clarke dismissed OSF's claim of negligence against GAIC. The festival had sought punitive damages for the time 14 staff members spent providing examinations under oath and filling numerous document requests from the insurance company, which OSF had described as "extensive demands" that weren't relevant to the insurance company's basis for denying the claim.
Read more: www.mailtribune.com/news/20160614/federal-judge-sides-with-osf-in-insurance-suit-over-wildfire-smoke
A federal judge has sided mostly with the Oregon Shakespeare Festival in its lawsuit against its insurance company, deciding that canceled performances and facility damage from wildfire smoke should have been covered by the festival's policy.
U.S. Magistrate Judge Mark Clarke ruled that Great American Insurance Co. breached its contract when it denied coverage for lost revenue and damage caused by the smoke from multiple wildfires, which caused air quality to reach hazardous levels, damaged indoor theater filters and affected outdoor lighting and equipment at the Allen Elizabethan Theatre, according to documents filed June 7 in U.S. District Court in Medford.
"We have the right to pursue a trial or a settlement," OSF spokesman Eddie Wallace said, putting the ruling in layman's terms.
The court ruling wasn't fully in OSF's favor. Clarke dismissed OSF's claim of negligence against GAIC. The festival had sought punitive damages for the time 14 staff members spent providing examinations under oath and filling numerous document requests from the insurance company, which OSF had described as "extensive demands" that weren't relevant to the insurance company's basis for denying the claim.
Read more: www.mailtribune.com/news/20160614/federal-judge-sides-with-osf-in-insurance-suit-over-wildfire-smoke