Bill Text: OR HB2618 | 2011 | Regular Session | Introduced

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Bill Title: Relating to motor vehicle insurance; declaring an emergency.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2618 Detail]

Download: Oregon-2011-HB2618-Introduced.html

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     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 2281

                         House Bill 2618

Sponsored by Representative SCHAUFLER (at the request of Randy
  Dagel) (Presession filed.)

                             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 for treble damages against
insurers and operators of motor vehicle body and frame repair
shops violating laws relating to insurance and vehicle repair.
Requires notice to Director of Department of Consumer and
Business Services in certain circumstances. Directs court to
award attorney fees in certain circumstances. Specifies what may
constitute prima facie evidence of unfair claim settlement
practice.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to motor vehicle insurance; creating new provisions;
  amending ORS 746.300; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 746.300 is amended to read:
  746.300.   { - An insured whose insurer violates ORS 746.280 or
746.290, or a customer whose motor vehicle body and frame repair
shop violates ORS 746.292, may file an action to recover actual
damages or $100, whichever is greater, for each violation. - }
 { + (1) A person who suffers an injury or loss as a result of an
insurer's or another person's committing or performing a practice
prohibited under ORS 746.275 to 746.300 may bring an individual
action in contract or tort to recover triple the amount of actual
and consequential damages. The court may provide equitable relief
the court considers necessary or proper.
  (2) A person who brings an action under subsection (1) of this
section shall at the same time mail a copy of the complaint or
other initial pleading to the Director of the Department of
Consumer and Business Services. The person's failure to mail a
copy of the complaint to the director does not constitute a
jurisdictional defect, but a court may not enter judgment for the
person until the person files proof with the court that the
person has complied with this requirement. An affidavit or return
receipt is proof of mailing. The person shall also mail a copy of
any judgment rendered in the action to the director immediately
after the court renders the judgment.
  (3) + } The court   { - may - }  { +  shall + } award
reasonable attorney fees to
  { - the - }  { +  a + } prevailing   { - party - }  { +
plaintiff + } in an action under this section.
   { +  (4) Any civil or administrative penalty that the
Department of Consumer and Business Services imposes on a
respondent in a final order for a violation of ORS 746.275 to
746.300 or any judgment a court renders against a respondent for
a violation of ORS 746.275 to 746.300 is prima facie evidence in
an action brought under this section that the respondent
committed or performed a practice prohibited by ORS 746.275 to
746.300. A respondent's assurance of voluntary compliance,
whether or not approved by the court, is not evidence of a
violation.
  (5) The statute of limitations period does not begin or run
while any complaint that the Director of the Department of
Consumer and Business Services has filed to punish violations of
ORS 746.275 to 746.300 is pending, if the person's action is
based in whole or in part on any matter that is also a basis for
the director's complaint. + }
  SECTION 2.  { + The amendments to ORS 746.300 by section 1 of
this 2011 Act apply to any action for a violation of ORS 746.275
to 746.300 brought on or after the effective date of this 2011
Act. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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