By Leslie A. Kocher-Moar
On April 1, 2014, an Oregon federal magistrate judge granted a motion for partial summary judgment filed by MacMillan, Scholz & Marks on behalf of American Family Mutual Insurance Company in an underinsured motorist case. The motion had sought dismissal of 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. The motion was granted in its entirety.
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 link to opinion.