March 3, 2009

Oregon Legislature Considering Insurance Triple Damages Law

A bill has been introduced in the Oregon Legislature that would allow "any person" suffering injury or loss as a result of a practice prohibited under Oregon’s unfair claim settlement practices statute to sue for triple damages plus attorney’s fees. Oregon law currently does not provide a private right of action for a violation of the unfair claim settlement practices statute.

Under Washington's Insurance Fair Conduct Act, an unfair claims settlement practice can provide a basis for trebling damages and awarding attorney's fees and costs but is not itself a basis for a private action. The right of action under the Washington statute is limited to a "first party claimant."

View the Oregon bill here.
View Oregon's unfair claim settlement practices statute here (scroll down to ORS 746.230).

Disclaimer: This blog is maintained as a free information service and its contents are not intended to constitute legal advice or opinion. Statements herein are made solely by the author and are not attributable to Carney Badley Spellman, P.S. Use of this blog does not create an attorney-client relationship. The blog may fail to accurately or comprehensively represent the law or the topics discussed.













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