ORS 465.484
Unfair environmental claims settlement practices

  • environmental claim mediation
  • rules
  • fees
  • damages

(1)

An insurer or any other person may not commit any of the following unfair environmental claims settlement practices:

(a)

Failure to commence investigation of an environmental claim within 15 working days after receipt of a notice of an environmental claim or failure to diligently respond to tenders of environmental claims, provided that an excess insurer may rely on the investigation of a primary insurer.

(b)

Failure to make timely payments for costs reasonably incurred in the defense of environmental claims or for reasonable costs for which indemnity is owed.

(c)

Denial of a claim for any improper purpose, such as to harass or to cause unnecessary delay or to needlessly increase the cost of litigation.

(d)

Require that the insured provide answers to repetitive questions and requests for information concerning matters or issues unnecessary for resolution of the environmental claim of the insured, provided that an insurer may reserve its rights as to information that is not available at the time of the correspondence.

(e)

Failure to pay interest as specified in ORS 82.010 (Legal rate of interest):

(A)

On payments that an insured has made and that the insurer is legally obligated to pay as costs of defense or indemnity, provided that interest begins to accrue only on the 31st day after the claim for payment or reimbursement is presented or payment is made by the insured, whichever is later; or

(B)

On overdue payments that an insurer agreed to make pursuant to an agreed settlement with an insured, provided that interest begins to accrue on the 31st day after the date of the settlement or on the date by which the insurer agreed to make the payment, whichever is later.

(f)

Violation by insurers as described in ORS 465.479 (Lost policies) (9)(a).

(2)

Intentionally left blank —Ed.

(a)

In addition to the unfair environmental claims settlement practices specified in subsection (1) of this section, it is an unfair environmental claims settlement practice for an insurer to fail to participate in good faith in a nonbinding environmental claim mediation described under this subsection that is requested by an insured concerning the existence, terms or conditions of a lost policy or regarding coverage for an environmental claim.

(b)

The insured may request in writing that the insurer participate in a nonbinding environmental claim mediation.

(c)

Upon request from an insured to participate in a nonbinding environmental claim mediation, an insurer shall provide an insured with information concerning a nonbinding environmental claim mediation program. The information must include, but need not be limited to, a description of how an insured can efficiently commence the mediation with the insurer.

(d)

The purposes of the nonbinding environmental claim mediation include, but are not limited to, the following:

(A)

To assist the parties in resolving disputes concerning whether or not a general liability insurance policy applicable to the environmental claim was issued to the insured by the insurer and concerning the relevant terms, conditions and exclusions;

(B)

To determine whether the entire claim, or a portion thereof, can be settled by agreement of the parties;

(C)

To determine, if the claim cannot be settled, whether one or more issues can be resolved to the satisfaction of the parties; and

(D)

To discuss any other methods of streamlining or reducing the cost of litigation.

(e)

The Attorney General shall:

(A)

Appoint a mediation service provider to operate a mediation program related to environmental claims;

(B)

Prescribe by rule requirements related to qualification, training and experience for mediators who participate in the mediation program; and

(C)

Establish by rule a schedule of fees related to the mediation program.

(f)

Unless otherwise agreed, information provided and statements made by either party in a mediation shall be kept confidential by the parties and used only for purposes of the mediation in accordance with ORS 36.220 (Confidentiality of mediation communications and agreements).

(g)

The insured and the insurer shall have representatives present, or available by telephone, with authority to settle the matter at all mediation sessions.

(3)

The unfair environmental claims settlement practices specified in this section are in addition to any provisions relating to unfair claim settlement practices under ORS 746.230 (Unfair claim settlement practices).

(4)

Intentionally left blank —Ed.

(a)

Any insured aggrieved by one or more unfair environmental claims settlement practices specified in this section may apply to the circuit court for the county in which the insured resides, or any other court of competent jurisdiction, to recover the actual damages sustained, together with the costs of the action, including reasonable attorney fees and litigation costs.

(b)

Twenty days prior to filing an action based on this section, the insured must provide written notice of the basis for the cause of action to the insurer and office of the Director of the Department of Consumer and Business Services. Notice and proof of notice must be provided by regular mail, registered mail or certified mail with return receipt requested. The insurer and director are deemed to have received notice three business days after the notice is mailed.

(c)

If the insurer fails to resolve the basis for the action within the 20-day period after the written notice by the insured, the insured may bring the action without any further notice.

(d)

If a written notice of claim is served under paragraph (b) of this subsection within the time prescribed for the filing of an action under this subsection, the statute of limitations for the action is tolled during the period of time required to comply with paragraph (b) of this subsection.

(e)

In any action brought pursuant to this subsection, the court may, after finding that an insurer has acted unreasonably, increase the total award of damages to an amount not to exceed three times the actual damages.

(f)

An action under this subsection must be brought within two years from the date the alleged violation is, or should have been, discovered.

(5)

The provisions of this section do not limit the ability of a court to provide for any other remedy that is available at law. [2013 c.350 §6]

Source: Section 465.484 — Unfair environmental claims settlement practices; environmental claim mediation; rules; fees; damages, https://www.­oregonlegislature.­gov/bills_laws/ors/ors465.­html.

465.003
Definitions for ORS 465.003 to 465.034
465.006
Policy
465.009
Rules
465.012
Technical assistance to users and generators
465.015
Toxics use and hazardous waste reduction plan required
465.018
Notification of Department of Environmental Quality upon completion of plan or system
465.021
Review of plan or system
465.027
Contract for assistance with higher education institution
465.032
Form of implementation summary
465.034
Application of ORS 465.003 to 465.034
465.037
Short title
465.101
Definitions for ORS 465.101 to 465.131
465.104
Fees for petroleum product delivery or withdrawals
465.106
Amount of fee to be set by State Fire Marshal
465.111
Department of Revenue to collect fee
465.112
Amounts held in trust
465.114
Extension of time for paying fee
465.117
Records of petroleum products transactions
465.121
Rules
465.124
Application of ORS chapters 305 and 314 to fee collection
465.127
Disposition of fees
465.131
Fee imposed by ORS 465.104 in addition to fees established by local government
465.200
Definitions for ORS 465.200 to 465.545
465.205
Legislative findings
465.210
Authority of department for removal or remedial action
465.215
List of facilities with confirmed release
465.220
Comprehensive statewide identification program
465.225
Inventory of facilities needing environmental controls
465.230
Removal of facilities from inventory
465.235
Public inspection of inventory
465.240
Inventory listing not prerequisite to other remedial action
465.245
Preliminary assessment of potential facility
465.250
Accessibility of information about hazardous substances
465.255
Strict liability for remedial action costs for injury or destruction of natural resource
465.257
Right of contribution from other person liable for remedial action costs
465.260
Removal or remedial action
465.265
“Person” defined for ORS 465.265 to 465.310
465.270
Legislative findings and intent
465.275
Remedial action and financial assistance program
465.280
Rules
465.285
Requirements for financial assistance
465.290
Financial assistance agreement not General Fund obligation
465.295
Decision regarding financial assistance not subject to judicial review
465.300
Records and financial assistance applications exempt from disclosure as public record
465.305
Application fees
465.310
Accounting procedure for financial assistance moneys
465.315
Standards for degree of cleanup required
465.320
Notice of proposed remedial action or release from liability
465.325
Agreement to perform removal or remedial action
465.327
Agreement to release party from potential liability to facilitate cleanup and reuse of property
465.330
State remedial action costs
465.333
Recovery of costs of program development, rulemaking and administrative actions as remedial action costs
465.335
Costs, penalties and damages as lien
465.340
Contractor liability
465.375
Monthly fee of operators
465.376
Special hazardous waste management fees
465.378
Department to work with other states to avoid disruption of waste flows
465.381
Hazardous Substance Remedial Action Fund
465.386
Commission authorized to increase fees
465.391
Effect of certain laws on liability of person
465.400
Rules
465.405
Rules
465.410
Ranking of inventory according to risk
465.420
Remedial Action Advisory Committee
465.425
“Security interest holder” defined for ORS 465.430 to 465.455
465.430
Legislative findings
465.435
Rules relating to exemption from liability for security interest holder
465.440
Rules relating to exemption from liability for fiduciary
465.445
Advisory committee
465.450
Limitation on commission’s discretion to adopt rules
465.455
Construction of ORS 465.425 to 465.455
465.475
Definitions for ORS 465.475 to 465.484
465.478
Legislative findings
465.479
Lost policies
465.480
Insurance for environmental claims
465.481
General liability insurance policies
465.483
General liability insurance policies
465.484
Unfair environmental claims settlement practices
465.485
Short title
465.500
Purpose
465.503
Exemption from administrative or judicial action to compel removal or remedial action
465.505
Waste minimization requirements for dry cleaning facilities
465.507
Dry cleaning advisory group
465.510
Dry Cleaner Environmental Response Account
465.517
Annual fee and gross revenue fee for dry cleaning facilities
465.520
Fee on sale or transfer of dry cleaning solvent
465.523
Fee on use of dry cleaning solvent
465.525
Calculation of fee for partial gallons
465.527
Reporting of fees
465.531
Department of Environmental Quality may contract for collection of fees
465.536
Late charges
465.545
Suspension of dry cleaning fees
465.550
Definitions for ORS 465.550 and 465.555
465.555
County assessment of effects of major recovery or remedial action at storage or disposal site for chemical agents
465.600
Definitions for ORS 465.600 to 465.621
465.603
Procedure to create public authority
465.606
Board of directors
465.609
General powers
465.612
Obligations of authority not obligations of local government
465.615
Exemption from taxation
465.618
Remedial action costs
465.621
Dissolution
465.900
Civil penalties for violation of removal or remedial actions
465.992
Civil penalty for failure to pay fees
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