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

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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 potential to impact insurers even if the insured is located outside the state.

 

Topics:  Environmental Claims, Punitive Damages, Retroactive Application

Published In: Civil Procedure Updates, Civil Remedies Updates, Environmental Updates, Commercial Real Estate Updates, Toxic Torts Updates

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.

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