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).
March 3, 2009
Oregon Legislature Considering Insurance Triple Damages Law
Posted by
Jason W. Anderson
at
Tuesday, March 03, 2009
Labels: bad faith, claims handling, Insurance Fair Conduct Act, insurance regulation
