Cozen O’Connor previously provided summaries of the pertinent provisions of the legislation, which can be located here (May 7, 2013 Alert) and here (June 18, 2013 Alert). In sum, the legislation amended the existing Oregon Environmental Cleanup Assistance Act (“OECAA”) under ORS 465.479, et seq. to impose stricter claims handling regulations, create a statutory cause of action for violation of the regulations, and allow punitive damages to be awarded if the court finds the insurer acted unreasonably. The amendments are now codified, as follows: ORS 465.
On March 13, 2013, the Oregon legislature introduced Senate Bill 814 to create sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated property located in the state. The proposed legislation would amend the existing Oregon Environmental Cleanup Assistance Act (OECAA) under ORS 465.479 and ORS 465.465 to impose stricter claims handling regulations, create a statutory cause of action for violations of the regulations, and allow punitive damages to be awarded if the court finds the insurer acted unreasonably.
The legislation is effective immediately. The legislation amends the existing Oregon Environmental Cleanup Assistance Act (OECAA), under ORS 465.479 and ORS 465.465, to impose stricter claims handling regulations, create a statutory cause of action for violation of the regulations, and allow the award of punitive damages if the court finds the insurer acted unreasonably.
On March 13, 2013, the Oregon legislature introduced Senate Bill 814 to create sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated property located in the state. The proposed legislation would amend the existing Oregon Environmental Cleanup Assistance Act (OECAA) under ORS 465.479 and ORS 465.465 to impose stricter claims handling regulations, create a statutory cause of action for violations of the regulations, and allow punitive damages to be awarded if the court finds the insurer acted unreasonably.