About The Northwest Policyholder

A Miller Nash Graham & Dunn blog, created and edited by Seth H. Row, an insurance lawyer exclusively representing the interests of businesses and individuals in disputes with insurance companies in Oregon, Washington, and across the Northwest. Please see the disclaimer below.

Monday, July 1, 2013

Associated Oregon Industries Fails to Mention Opposition to HB 3160 In Legislative Recap

Perhaps there's an entirely innocuous explanation as I'm sure that AOI opposes many bills each session, but I found it notable that AOI's blog posting on the legislative session does not mention its opposition to HB 3160.  That bill would have provided businesses (and individuals) with a private right of action against insurance companies for unfair claims handling practices, creating a dramatic disincentive for the current practice (by liability insurers, in particular) of denying a claim first, then seeing if the insured has the wherewithal to hire an attorney to press the claim, and then if necessary "reconsidering" and accepting the claim- risk free, because there is no penalty in the current law for taking this "free breach" approach.  AOI came out against the bill reportedly at the instance of some big players in the group including Liberty Mutual and The Standard.  However, I'd wager a pint of your favorite local microbrew that the average AOI member had more to gain from HB 3160 than to lose.  Putting on my conspiracy theory hat (an occupational hazard of someone who litigates against big insurance companies for a living), perhaps that has something to do with the omission of HB 3160 from this update.


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