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.