Moody v. Oregon Community Credit Union: An In-Depth Discussion

Join Smith Freed Eberhard Partners Cliff Wilson and Melanie Rose as they discuss one of the most significant Oregon cases in 2022, Moody v. Oregon Community Credit Union. This case has created concern for first-party bad faith claims against insurers and could dramatically alter insurance first-party litigation in the state of Oregon.

Why Watch This Webinar?

In the past, Oregon Courts have been reluctant to recognize first-party bad faith claims against insurers, and only allowed tort claims against an insurer in limited circumstances where a special relationship between insured and insurer exists. Recently, however, in the case of Moody v. Oregon Community Credit Union, the Oregon Court of Appeals changed that long-standing limitation and allowed the pursuit of emotional distress damages against an insurer for alleged violations of certain Oregon claims handling regulations. This case is important for insurers to be aware of, as it appears that the Oregon Court of Appeals has opened the door to first-party bad faith litigation in Oregon. It is now more important than ever for insurance carriers to be familiar with and comply with the regulatory requirements of the Oregon Insurance Code, that it refrains from unreasonably denying claims, and that its claims settlement practices do not run afoul of those articulated in ORS 746.230.

Key Topics Discussed Will Include:

• An in-depth analysis of Moody v. Oregon Community Credit Union
• Oregon’s Unfair Claim Settlement Practices Statute (ORS 746.230)
• Regulatory requirements of the Oregon Insurance Code
• Moody’s possible effect on the scope of discovery in Oregon first-party litigation
• Oregon claims handling tips going forward