l9n/ Oregon

2016 Regular Session

Senate Bill 1590

Provides that insurer that has duty to defend insured against claim has fiduciary duty toward insured if insurer does defend against claim.

Did not become law. It stopped in the Senate's Business and Transportation Committee on March 3, 2016. The 2016 session has ended.

What it does

The synopsis the Legislative Assembly published with the bill.

Provides that insurer that has duty to defend insured against claim has fiduciary duty toward insured if insurer does defend against claim. Provides that if insurer defends claim under reservation of rights or if insured has potential liability that exceeds policy limits, insurer shall provide independent counsel that represents only insured. Prevents insurer from participating in defense, controlling settlement and contesting coverage if insurer breaches insurer's duty to defend. Specifies insurer's liability for damages if insurer breaches duty to defend. Prohibits insurer from taking position in action brought on insurance policy that is inconsistent with statement or representation insurer made to Director of the Department of Consumer and Business Services when seeking approval for language in insurance policy. Requires director to keep record of insurer's statements and representations and make record available as public record. Includes tractor or equipment designed for and ordinarily used on farm within uninsured motorist coverage unless tractor or equipment is used on public highway. Requires Department of Consumer and Business Services to make information available about complaints against insurer for unfair claim settlement practices. Becomes operative 91 days after effective date of Act. Declares emergency, effective on passage.

Sponsors

Who carried the bill in each chamber, and who signed on. Each name leads to the member's page.

In the Senate

2 co-sponsors

Lee Beyer, Chris Edwards

In the House of Representatives

    1 co-sponsor

    Paul Holvey

    Its course

    January 27 to March 3, 2016, on one scale. In the top row each mark is a day something happened; taller marks are busier days.

    Each committee stop sits inside its chamber.

    Every action5 actions on 4 days

    In the SenateJan 27 to Mar 3 · stopped36 days

    Waiting for a committeeJan 27 to Feb 15 days

    Business and TransportationFeb 1 to Mar 3 · stopped31 days

    Text

    Each version as the Legislative Assembly printed it.

    l9n doesn't hold this bill's text yet.

    What happened

    In l9n's words, one line for each step. Every action as the Legislative Assembly published it is below.

    In the Senate Jan 27 – Mar 3

    1. Jan 27Filed before the session
    2. Feb 1Introduced
    3. Sent to Business and Transportation
    4. Feb 3Heard in Business and Transportation
    5. Mar 3Died when the session ended
    All 5 actions, as published
    1. Jan 27Presession Released to the Public.Senate
    2. Feb 1Introduction and first reading. Referred to President's desk.Senate
    3. Feb 1Referred to Business and Transportation.Senate
    4. Feb 3Public Hearing held.Senate
    5. Mar 3In committee upon adjournment.Senate