Recent Activity in the Oregon Legislature Toward Expanded Remedies for Insureds
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).
