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Date: 10-08-2024
Case Style:
Casey W. Atwater, et al. v. Amica Mutual Insurance Company
Case Number: 3:22-cv-01625
Judge: Adrienne Nelson
Court: United States District Court for the District of Oregon (Multnomah County)
Plaintiff's Attorney:
Defendant's Attorney: John R. Barhoum
Description:
Portland, Oregon bad faith breach insurance contract law lawyer represented the Plaintiff.
Oregon law prohibits insurance companies from engaging in unfair claim settlement practices, such as:
Unreasonably delaying or refusing to pay a claim
Undervaluing a claim
Failing to acknowledge a claim notification promptly
Failing to affirm or deny coverage despite adequate proof of loss
Attempting to settle a claim for less than a reasonable amount
Altering policy terms without notice to the policyholder
Requiring duplicate or irrelevant information from claimants
In December 2023, the Oregon Supreme Court affirmed a 2022 opinion that opened the door to first-party bad faith claims against insurers. This landmark decision allows claimants to hold their insurers accountable for the manner in which they process and adjust an insurance claim.
Policyholders can sue an insurance company for breach of contract for unreasonably denying a claim. They can also recover consequential damages that were foreseeable at the inception of the contract. For example, a business owner who sustains lost profits after a wrongful denial of coverage may be able to recover those damages.
Outcome: : The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Melissa Aubin. (joha) (Entered: 10/08/2024)
Plaintiff's Experts:
Defendant's Experts:
Comments: