746.230 Unfair claim settlement practices
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/or/ors-chapter-746/trade-practices/warning/746-230·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
746.230 Unfair claim settlement practices.
(1)An insurer or other person may not commit or perform any of the following unfair claim settlement practices:
(a)Misrepresenting facts or policy provisions in settling claims;
(b)Failing to acknowledge and act promptly upon communications relating to claims;
(c)Failing to adopt and implement reasonable standards for the prompt investigation of claims;
(d)Refusing to pay claims without conducting a reasonable investigation based on all available information;
(e)Failing to affirm or deny coverage of claims within a reasonable time after completed proof of loss statements have been submitted;
(f)Not attempting, in good faith, to promptly and equitably settle claims in which liability has become reasonably clear;
(g)Compelling claimants to initiate litigation to recover amounts due by offering substantially less than amounts ultimately recovered in actions brought by such claimants;
(h)Attempting to settle claims for less than the amount to which a reasonable person would believe a reasonable person was entitled after referring to written or printed advertising material accompanying or made part of an application;
(i)Attempting to settle claims on the basis of an application altered without notice to or consent of the applicant;
(j)Failing, after payment of a claim, to inform insureds or beneficiaries, upon request by them, of the coverage under which payment has been made;
(k)Delaying investigation or payment of claims by requiring a claimant or the claimant’s physician, naturopathic physician, physician associate or nurse practitioner to submit a preliminary claim report and then requiring subsequent submission of loss forms when both require essentially the same information;
(L)Failing to promptly settle claims under one coverage of a policy where liability has become reasonably clear in order to influence settlements under other coverages of the policy;
(m)Failing to promptly provide the proper explanation of the basis relied on in the insurance policy in relation to the facts or applicable law for the denial of a claim; or
(n)Any of the practices described in ORS 746.233.
(2)No insurer shall refuse, without just cause, to pay or settle claims arising under coverages provided by its policies with such frequency as to indicate a general business practice in this state, which general business practice is evidenced by:
(a)A substantial increase in the number of complaints against the insurer received by the Department of Consumer and Business Services;
(b)A substantial increase in the number of lawsuits filed against the insurer or its insureds by claimants; or
(c)Other relevant evidence. [1967 c.359 §588a; 1973 c.281 §1; 1989 c.594 §1; 2014 c.45 §79; 2015 c.59 §6; 2017 c.356 §101; 2019 c.284 §10; 2024 c.73 §160]