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.
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