Salinas v. American Family Insurance Group

Federal Magistrate Judge confirms there are no bad faith-like claims in the UIM context in Oregon


A federal magistrate judge in Oregon recently granted partial summary judgment to an insurer in an underinsured motorist case, dismissing all extra-contractual claims, including claims for intentional infliction of emotional distress, negligent infliction of emotional distress, negligence per se, and breach of implied covenant of good faith and fair dealing.

With regard to the claim for negligence per se, the claim was premised on Or. Rev. Stat. 746.230 (?Unfair claim settlement practices?). The Court held that under Oregon law, the state insurance code does not create a duty independent of the insurance policy necessary to support a negligence claim.

The Court also dismissed the claim for loss of consortium and claims for emotional distress damages under the sole remaining claim, the claim for breach of contract.

See full opinion below.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Insurance Updates

Reference Info:Decision | Federal, 9th Circuit, Oregon | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© MacMillan, Scholz & Marks, PC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Established over 30 years ago, MacMillan, Scholz & Marks, PC is a fast-growing, general litigation... View Profile »

Follow MacMillan, Scholz & Marks, PC:

Reporters on Deadline