South Lake Center v. Waker Associates, Inc.

2 Citing cases

  1. Wright v. State

    196 P.3d 1000 (Or. Ct. App. 2008)   Cited 15 times
    In Wright the Oregon Supreme Court noted the insured's UM coverage had a two-year limitation period that required the insured to file suit against the insurer within two years of the loss if there was a dispute as to coverage.

    As a general rule, "[a] party to a contract may waive performance of any provision of the contract that is for its benefit." South Lake Center v. Waker Associates, Inc., 129 Or App 581, 589, 879 P2d 1342 (1994). In the context of an insurance contract specifically, "[c]onduct of an insurer after a loss has occurred that is inconsistent with a particular defense, especially where the insured has been * * * led to believe there is coverage, will constitute a waiver of the defense."

  2. Soliz v. Jimenez

    222 Or. App. 251 (Or. Ct. App. 2008)   Cited 2 times

    Under contract law, "[a] party to a contract may waive performance of any provision of the contract that is for its benefit." South Lake Center v. Waker Assocs., Inc., 129 Or App 581, 589, 879 P2d 1342 (1994). Even though a contract may require all modifications to the contract to be in writing, a waiver of a provision in the contract need not be in writing.