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Update on 2013 Amendments to the Oregon Environmental Cleanup Assistance Act

In June 2013, the Governor of Oregon signed into law Senate Bill 814, which created sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated property located in the state. 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,

Posted in environmental cleanup, Oregon insurance claims handling

Senate Bill 814 Proposes Sweeping and Retroactive Changes to Environmental Claims Handling in Oregon

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. Because the OECAA provides that “Oregon law shall be applied in all cases where the contaminated property to which the action related is located within the State of Oregon,”1 the legislation has the

Posted in Bad Faith
Avoiding Insurance Bad Faith
Cozen O’Connor represents insurance clients in jurisdictions throughout the U.S. against statutory and common law first- and third-party extracontractual claims for actual and consequential damages, penalties, punitive and exemplary damages, attorneys’ fees and costs, and coverage payments. Whether bad faith claims are addenda to a broader coverage matter or are central to the complaint, Cozen O’Connor attorneys know how to efficiently respond to extracontractual causes of action. More
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