UPDATE: Oregon Bill for Expanded Remedies for Insureds

As reported in March, a bill was introduced, H.B. 2791, 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. This would have drastically changed Oregon law that there is no private right of action for a violation of the unfair claim settlement practices statute.

Although the bill was introduced, it did not get very far and was not passed before the end of the legislative session. In fact, a hearing scheduled for March 31 2009, regarding the bill was cancelled, and there was no further formal action on the bill. Oregon's legislature typically only meets every two years, unless there is a special session. The legislature is planning a special session in February 2010 that will focus on the State budget, but may address other issues. If the bill is not reintroduced in this session, the bill could next be introduced in January 2011.
 

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).