Griffith v. Property and Casualty Ins. Co. of Hartford
Griffith
Citation
341 Or. App. 30
Court
Court of Appeals of Oregon
Decided
June 4, 2025
Jurisdiction
SA
Importance
45%
Practice Areas
Case Summary
30 June 4, 2025 No. 484 IN THE COURT OF APPEALS OF THE STATE OF OREGON Richard GRIFFITH and Reta Griffith, husband and wife, Plaintiffs-Appellants Cross-Respondents, v. PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD, Defendant-Respondent Cross-Appellant, and ALPINE ABATEMENT ASSOCIATES, INC., Defendant. Wallowa County Circuit Court 22CV10452; A181951 Wes Williams, Judge. On appellants’ petition for reconsideration filed March 28, 2025, and respondent’s response filed April 2, 2025. Opinion filed March 19, 2025. 339 Or App 40, 566 P3d 1235 (2025). Kelly Vance for petition. Thomas M. Christ and Sussman Shank LLP for response. Before Tookey, Presiding Judge, Kamins, Judge, and Jacquot, Judge. TOOKEY, P. J. Reconsideration allowed; former opinion modified and adhered to as modified. Cite as 341 Or App 30 (2025) 31 TOOKEY, P. J. Plaintiffs petition for reconsideration of our deci- sion in Griffith v. Property and Casualty Ins. Co. of Hartford, 339 Or App 40, 566 P3d 1235 (2025), asserting, among other reasons that we should reconsider our decision, that we “committed factual error in opining that all plaintiffs’ counsel did was file a complaint, which was contrary to the evidence.” Plaintiffs assert that “the trial court file shows far more activity than is depicted by the panel’s opinion.” We grant reconsideration, modify our previous opinion in two respects, and adhere to it as modified. First, in our opinion, we stated, “The complaint and Hartford’s answer were the only filings relating to Hartford in plaintiffs’ civil action. Shortly thereafter, plaintiffs and Hartford executed a ‘Release and Settlement Agreement,’ under which the parties settled plaintiffs’ insurance and breach of contract claims ‘and all related controversies.’ ” Id. at 42. We modify those sentences to read, “After Vance filed the civil action, plaintiffs and Hartford executed a ‘Release and Settlement Agreement,’ under which the parties settled plaintiffs’ insurance and breach of contract claims ‘and all related controversies.’ ” Second, in our opinion, we stated, “Prior to the par- ties’ settlement and release, there was minimal litigation by plaintiffs’ counsel (the filing of a complaint) with respect to plaintiffs’ claims against Hartford.” Id. at 48. We mod- ify that sentence so that it reads, “Prior to the parties’ set- tlement and release, litigation by plaintiffs’ counsel with respect to plaintiffs’ claims against Hartford included fil- ing a complaint and amended complaint, filing a reply to Hartford’s affirmative defenses, filings related to summary judgment, and oral argument before the court.” We have also considered the other reasons that plaintiffs assert that we should reconsider our opinion and have determined that reconsideration is not warranted. Reconsideration allowed; former opinion modified and adhered to as modified.
Case Details
Case Details
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Status
Decided
Date Decided
June 4, 2025
Jurisdiction
SA
Court Type
federal
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Case Summary
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Case Overview
Case Name: Griffith v. Property and Casualty Ins. Co. of Hartford
Citation: 341 Or. App. 30
Court: Court of Appeals of Oregon
Date: June 4, 2025
Jurisdiction: SA
In this case, Richard and Reta Griffith (the plaintiffs) appealed against Property and Casualty Insurance Company of Hartford (the defendant) regarding a dispute over insurance claims and breach of contract. The case was heard in the Court of Appeals of Oregon, following a petition for reconsideration by the plaintiffs.
Key Legal Issues
- Factual Errors in Previous Opinion: The plaintiffs argued that the appellate court's previous opinion misrepresented the extent of their counsel's litigation efforts against Hartford.
- Settlement Agreement Validity: The implications of the executed ‘Release and Settlement Agreement’ on the litigation process and claims.
Court's Decision
The Court of Appeals allowed the plaintiffs' petition for reconsideration, modifying its earlier opinion to reflect a more accurate account of the litigation activities undertaken by the plaintiffs’ counsel prior to the settlement with Hartford. The court adhered to its modified opinion.
Legal Reasoning
The court acknowledged the plaintiffs' concerns regarding factual inaccuracies in its previous ruling. Specifically, it modified its statements to clarify that:
- The litigation included not only the filing of a complaint but also an amended complaint, responses to affirmative defenses, and motions related to summary judgment.
- The settlement agreement was executed shortly after the civil action was initiated, which settled all related controversies.
This modification was essential to ensure that the court's opinion accurately reflected the procedural history and the plaintiffs’ legal efforts.
Key Holdings
- The court recognized that the plaintiffs' counsel engaged in substantial litigation activities beyond merely filing a complaint.
- The court upheld the validity of the settlement agreement executed between the plaintiffs and Hartford, which resolved the insurance and breach of contract claims.
Precedents and Citations
- Griffith v. Property and Casualty Ins. Co. of Hartford, 339 Or App 40, 566 P3d 1235 (2025) - The original opinion that was reconsidered.
Practical Implications
This case highlights several important aspects of insurance law and litigation:
- Counsel's Responsibilities: Legal representatives must ensure that all actions taken during litigation are accurately represented in court opinions.
- Settlement Agreements: The case underscores the importance of understanding the implications of settlement agreements in resolving disputes, particularly in insurance claims.
- Reconsideration Process: The court's willingness to reconsider its opinions demonstrates the judicial system's commitment to accuracy and fairness in legal proceedings.
In conclusion, Griffith v. Property and Casualty Ins. Co. of Hartford serves as a significant case in understanding the dynamics of insurance litigation and the importance of precise legal representation in court opinions.
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Case Details
Legal case information
Status
Decided
Date Decided
June 4, 2025
Jurisdiction
SA
Court Type
federal
Legal Significance
Case importance metrics
Metadata
Additional information
Quick Actions
Case management tools