Bill Text: OR HB2494 | 2011 | Regular Session | Introduced
Bill Title: Relating to remedies for unlawful insurance practices.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2494 Detail]
Download: Oregon-2011-HB2494-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2210
House Bill 2494
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Consumer Protection and Government Accountability)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Permits person to bring action against insurer or other person
that commits unlawful insurance practices. Directs court to award
attorney fees in certain circumstances. Allows class actions
against persons committing unlawful insurance practices.
Establishes one-year statute of limitations for actions against
unlawful insurance practices.
A BILL FOR AN ACT
Relating to remedies for unlawful insurance practices; creating
new provisions; amending ORS 746.308, 746.612, 746.680 and
746.685; and repealing ORS 746.300 and 746.530.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 746. + }
SECTION 2. { + (1) Any person who suffers any ascertainable
loss of money or property, real or personal, as a result of any
act or omission prohibited by this chapter committed by any
person, may bring an individual action in an appropriate court to
recover actual damages or statutory damages of $200, whichever is
greater. The court or the jury, as the case may be, may award
punitive damages, and the court may provide the equitable relief
the court considers necessary and proper.
(2) The court may award reasonable attorney fees and costs at
trial and on appeal to a prevailing plaintiff in an action under
this section. The court may award reasonable attorney fees and
costs at trial and on appeal to a prevailing defendant only if
the court finds there was no objectively reasonable basis for
bringing the action or asserting the ground for appeal.
(3) The court may not award attorney fees to a prevailing
defendant under the provisions of subsection (2) of this section
if the action under this section is maintained as a class action
pursuant to ORCP 32.
(4) Actions brought under this section shall be commenced
within one year from the discovery of the unlawful act or
omission.
(5) A class action may be maintained under this section. In any
class action under this section:
(a) Statutory damages under subsection (1) of this section may
be recovered on behalf of the class members only if the
plaintiffs in the action establish that the members have
sustained an ascertainable loss of money or property, real or
personal, as a result of any act or omission prohibited by this
chapter committed by the defendant;
(b) The trier of fact may award punitive damages; and
(c) The court may award equitable relief. + }
SECTION 3. ORS 746.308 is amended to read:
746.308. An insurer that violates ORS 819.014 or 819.018 shall
be considered to have violated a provision of { - the Insurance
Code - } { + ORS chapter 746 + }.
SECTION 4. ORS 746.612 is amended to read:
746.612. { + Notwithstanding section 2 of this 2011 Act, + }
nothing in ORS 746.607 may be construed to create a new private
right of action against a health insurer.
SECTION 5. ORS 746.680 is amended to read:
746.680. { + Notwithstanding section 2 of this 2011 Act: + }
(1) A person whose rights granted under ORS 746.607 (7),
746.640, 746.645 or 746.650 are violated may apply to the circuit
court for the county in which the person resides, or any other
court of competent jurisdiction, for appropriate equitable relief
if an insurer, insurance producer or insurance-support
organization fails to comply with ORS 746.607 (7), 746.640,
746.645 or 746.650.
(2) A licensee or insurance-support organization that discloses
information in violation of ORS 746.665 or a health insurer that
uses or discloses information in violation of ORS 746.607 (1) or
(2) is liable for damages sustained by the individual about whom
the information relates. However, an individual is not entitled
to a monetary award that exceeds the actual damages sustained by
the individual as a result of the violation of ORS 746.607 (1) or
(2) or 746.665.
(3) In any action brought pursuant to this section, the court
may award the cost of the action and reasonable attorney fees to
the prevailing party.
(4) An action under this section must be brought within two
years from the date the alleged violation is or should have been
discovered.
(5) Except as specifically provided in this section, there
shall be no remedy or recovery available to individuals, in law
or in equity, for occurrences constituting a violation of any
provision of ORS 746.600 to 746.690.
SECTION 6. ORS 746.685 is amended to read:
746.685. { + Notwithstanding section 2 of this 2011 Act,
+ }no cause of action in the nature of defamation, invasion of
privacy or negligence shall arise against any person for
disclosing personal or privileged information in accordance with
ORS 746.600 to 746.690 and 750.055, nor shall such a cause of
action arise against any person for furnishing personal or
privileged information to an insurer, insurance producer or
insurance-support organization. However, this section shall
provide no immunity for disclosing or furnishing false
information with malice or willful intent to injure any person.
SECTION 7. { + ORS 746.300 and 746.530 are repealed. + }
SECTION 8. { + Section 2 of this 2011 Act and the repeal of
ORS 746.300 and 746.530 by section 7 of this 2011 Act apply to
all acts or omissions prohibited by ORS chapter 746 committed on
or after the effective date of this 2011 Act. + }
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