Oregon Agents' Advocate - February 4, 2025
Published February 4, 2025 at 4:08 PM · Legislative Advocacy - Oregon
BAD BILL ALERT – ACTION NEEDED!
Senate Bill 174 was scheduled for a Public Hearing on Wednesday at 3pm in the Senate Judiciary Committee. If passed, SB 174 will include insurance in the Unfair Trade Practices Act. We’ve seen this concept before (and defeated it) in 2019 with SB 728. This bill would significantly alter the regulation of insurance claims and expose insurance professionals to frivolous lawsuits and increased liability, ultimately raising costs for all Oregonians.
If passed, this would:
- Place insurers and insurance producers under dual regulation by both the Department of Consumer and Business Services (DCBS) and the Unfair Trade Practices Act (UTPA), creating redundant oversight and inconsistent enforcement.
- Allow private lawsuits against insurance companies and agents for any perceived claims-handling issue, making bad faith lawsuits more frequent and costly.
- Disrupts the current system – Oregon already has strong consumer protections through DCBS, allowing for efficient dispute resolution without resorting to unnecessary lawsuits.
WE NEED YOU TO SUBMIT TESTIMONY IN OPPOSITION TO SPEAK OUT AGAINST THIS UNNECESSARY AND HARMFUL LEGISLATION.
HERE’S HOW YOU CAN HELP:
- Sign up to testify in person or virtually at the hearing.
- Submit written testimony to the committee.
- Contact your legislators and urge them to vote NO on SB 174. Find your legislator here.
- Contact members of the Senate Judiciary Committee and urge them to vote NO on SB 174. Emails should be sent separately to each legislator. Please CC isis@ustrategies.org on any emails to legislators.
Senate Judiciary Committee Members
Senator Prozanski (D): Sen.FloydProzanski@OregonLegislature.gov, 503-986-1704
Senator Thatcher (R): Sen.KimThatcher@oregonlegislature.gov, 503-986-1711
Senator Broadman (D): Sen.AnthonyBroadman@oregonlegislature.gov, 503-986-1727
Senator Gelser-Blouin (D): Sen.SaraGelser@oregonlegislature.gov, 503-986-1708
Senator Girod (R): Sen.FredGirod@oregonlegislature.gov, 503-986-1709
Senator Manning (D): sen.jamesmanning@oregonlegislature.gov, 503-986-1707
Senator McLane (R): sen.mikemclane@oregonlegislature.gov, 503-986-1730
If you plan on engaging in any way above or have questions,
please reach out to Isis Thornton-Saunders at isis@ustrategies.org.
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BILL TRACKER
OPPOSE
Relating to exclusions of insurance coverage for veterinary services on the basis of a preexisting condition; prescribing an effective date.
Prohibits insurers that issue a policy of insurance that provides coverage or benefits to an insured for veterinary services for the insured's pet from excluding, limiting or reducing the coverage or benefits on the basis of a preexisting condition that affects the pet's health or physical condition.
Relating to compensation for accrued leave upon termination of employment.
Requires employers who provide sick leave, vacation leave or personal business leave benefits to employees to compensate employees for all earned but unused accrued leave when employment terminates
Relating to underwriting practices for motor vehicle liability insurance policies in this state; prescribing an effective date.
Requires the Department of Consumer and Business Services to collect a series of data related to the underwriting practices and criteria involved in issuing motor vehicle liability insurance policies in this state
Relating to explanations required in connection with premium increases upon renewals of certain insurance policies; prescribing an effective date.
Requires an insurer to provide to an insured a clear and reasonable explanation of the reasons for any increase in the premium amount for a qualified policy upon renewal of the qualified policy.
Relating to litigation costs for prevailing claimants.
Removes the cap on reasonable litigation costs and expenses and attorney fees for a claimant who prevails in a workers' compensation dispute.
Relating to minimum wage rates; prescribing an effective date.
Provides for calculation of the minimum wage rate beginning July 1, 2026.
Relating to business practices that reduce access to health care in this state; prescribing an effective date.
Authorizes the Attorney General, at the Attorney General's own initiative, but in consultation and cooperation with the Director of the Department of Consumer and Business Services, to investigate and bring an action against a health insurer or affiliate of a health insurer in a court of this state to enforce a violation of the antitrust laws of this state, to obtain damages, a civil penalty or restitution, and to enjoin an act or practice that constitutes a monopoly, a business combination in restraint of trade or commerce or a substantial reduction or elimination of competition or competitors within a region or market of this state, or that otherwise constitutes an unlawful trade practice.
HB 3423 (NEW!)
Relating to information permitted for insurer's decisions concerning motor vehicle liability insurance; prescribing an effective date.
Prohibits an insurer from using any of the following when determining eligibility, premiums or rates for a motor vehicle liability insurance policy: an applicant’s or insured’s credit history, including an insurance score based on the applicant’s or insured’s credit history; an applicant’s or insured’s sex or gender; or an applicant’s or insured’s marital status
Relating to the Oregon Tort Claims Act.
Exempts claims based on conduct that constitutes child abuse, or conduct that constitutes knowingly allowing, permitting or encouraging child abuse, from the notice requirement of the Oregon Tort Claims Act.
Relating to violations of the Insurance Code as unlawful trade practices.
Provides that a violation of prohibitions against certain practices with respect to insurance is subject to an enforcement action under the Unlawful Trade Practices Act.
Relating to fire insurance that covers properties at particular risk of wildfires; prescribing an effective date.
Prohibits an insurer from canceling fire insurance policies, or raising policy premiums by more than three percent, if an insured's property is located within the wildland-urban interface or the insured's primary employment or economic or business activity is farming or resource extraction.
Relating to prohibiting geographic tracking in connection with motor vehicle liability insurance policies; prescribing an effective date.
Prohibits insurers from using any device or technology that records, discloses or allows access to information that tracks or reveals the geographic location of an insured during any time in which the insured is occupying or operating a motor vehicle that the motor vehicle liability insurance policy covers.
Relating to medical debt reporting.
Prohibits medical service providers from reporting the amount or existence of medical debt to a consumer reporting agency.
Relating to occupational disease.
Adds certain health care employees to the list of workers for whom certain stress disorders give rise to a presumption that a workers' compensation claim is compensable as an occupational disease.
Relating to insurance for unmanned aircraft systems; prescribing an effective date; providing for revenue raising that requires approval by a three-fifths majority.
Requires commercial operators of unmanned aircraft systems to maintain liability insurance.
For a full list of bills that PIA is monitoring, please see the previous advocacy update.
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