Chapter 746

      746.015

ATTY. GEN. OPINIONS: Restricting availability of medical malpractice coverage to members of Oregon Medical Association, (1978) Vol 38, p 1977; Passing increased health insurance premiums resulting from pregnancy coverage on to women employes, (1978) Vol 39, p 328

      746.035

NOTES OF DECISIONS

      Alleged agreement for rebate of workers compensation insurance premiums was unlawful under this section and ORS 746.045, and is unenforceable. Mountain Fir Lumber Co. v. EBI Co., 296 Or 639, 679 P2d 296 (1984)

      746.045

NOTES OF DECISIONS

      Alleged agreement for rebate of workers compensation insurance premiums was unlawful under this section and ORS 746.035, and is unenforceable. Mountain Fir Lumber Co. v. EBI Co., 296 Or 639, 679 P2d 296 (1984)

      746.075

NOTES OF DECISIONS

      Where insurance company represented to insured that, if insured did not renew policy, assumed loss ratio would be applied and insured would not be entitled to full refund of dividend distribution, when in fact policy did not provide for application of assumed loss ratio when it expired, Insurance Division could properly find misrepresentation under this section. Employers Mutual Liability Ins. Co. v. Insurance Div., 49 Or App 515, 620 P2d 497 (1980)

      746.110

COMPLETED CITATIONS: Wright v. Bateson, 5 Or App 628, 485 P2d 641 (1971), Sup Ct review denied, cert. denied, 405 US 930 (1972)

      746.230

NOTES OF DECISIONS

      Insurance underwriter must exercise good faith and due care in the negotiations and settlement of claims in behalf of its insured. The insurer has duty to exercise at least the same degree of care as to the insured’s interest as it exercises as to its own. Grumbling v. Medallion Ins. Co., 392 F Supp 717 (1975)

      This section applies to settlement of claims filed against insureds by third parties, as well as claims filed against insurance companies by their insureds. Farris v. U.S. Fid. and Guar. Co., 284 Or 453, 587 P2d 1015 (1978)

      Violation of section of this statute requiring insurers to settle claims promptly and in good faith where liability is reasonably clear does not give rise to tort action. Employers’ Fire Ins. v. Love It Ice Cream, 64 Or App 784, 670 P2d 160 (1983)

      Failure of insurer to attempt settlement after entry of adverse excess judgment may give insured cause of action against insurer. Goddard v. Farmers Insurance Co., 173 Or App 633, 22 P3d 1224 (2001), Sup Ct review denied

      If insurance company performs reasonable investigation and makes good faith offer, insured’s declining offer and recovering substantially more at trial does not convert company’s investigation and offer into automatic breach of duty of good faith and fair dealing. Foraker v. USAA Casualty Insurance Co., 345 F. Supp. 3d 1308 (D. Or. 2018)

      List of unfair claim settlement practices in this section provided independent standard of care for life insurance beneficiary’s negligence per se claim against insurer. Moody v. Oregon Community Credit Union, 317 Or App 233, 505 P3d 1047 (2022)

      Under this section, life insurance beneficiary may bring negligence per se claim against insurer for emotional distress resulting from insurer’s unfair claim settlement practices, because this section is intended, in part, to afford policyholders peace of mind and prevent emotional distress. Moody v. Oregon Community Credit Union, 317 Or App 233, 505 P3d 1047 (2022)

      746.340

NOTES OF DECISIONS

      Federal maritime law does not preclude requirement that foreign insurer post litigation bond. Aqua-Marine Constructors, Inc. v. Banks, 110 F3d 663 (9th Cir. 1997)

      746.350

NOTES OF DECISIONS

      Savings clause in ORS 746.320 recognizing validity of service made in “any other manner” does not qualify manners of service other than manner specified in ORS 746.320 as service “in manner provided in ORS 746.320.” Schnitzer Investment Corp. v. Certain Underwriters at Lloyd’s of London, 197 Or App 147, 104 P3d 1162 (2005), aff’d 341 Or 128, 137 P3d 1282 (2006)

      746.515

NOTES OF DECISIONS

      Insurer’s failure to return gross unearned premium to premium finance company violated requirement of this section notwithstanding insurer’s promise to refund premiums directly to insured and its directive to company not to finance policies. Bonneville Auto Ins. Co. v. Ins. Dept., 53 Or App 440, 632 P2d 796 (1981)

      This section does not require insurer to “return” unearned premiums if no premiums have been paid insurer or its agent. C.I.S. Northwest v. Berjac of Portland, 87 Or App 233, 742 P2d 618 (1987), on reconsideration 89 Or App 117, 747 P2d 406 (1987), Sup Ct review denied