3 Trial Lawyer • Spring 2023 Practices Act died at the end of session getting caught up in all sorts of political gamesmanship. Without writing a playbook, suffice it to say that OTLA is a powerhouse. The machinations necessary to get, for instance, a legislative priority born from OTLA committee meetings (like stacking) involve years of work and strategy. Building consensus, reading the political landscape, recruiting candidates, having a PAC Board educating our legislators on why issues like immunity and caps on damages are harmful to Oregonians (and then getting those legislators to back us) takes long-range perspective and strategy. Selfishly, a primary reason I wanted to be president this year was to be a part of this behind the scenes work and learn everything I could about the process. The right case As I mentioned, a first-party insurance case made its way into the Oregon Legislature. On January 26, 2022, the Oregon Court of Appeals released its opinion in OTLA member Travis Eiva’s case, Moody v. Federal Insurance Company, 317 Or App 233 (2022), a case with incredible implications for our clients. Oregonians have long been hamstrung, without a hammer by which to force an insurance company to simply do what they were contracted to do. We all see it in our cases. An insurance company will insult our clients with exceedingly low offers, move at a snail’s pace in an effort to exhaust our client or just simply deny the claim altogether without any real investigation. I’ve long told my clients that I shouldn’t have a job most of the time, that I exist, in part, because as certain as death and taxes, insurance companies will work to bilk their insureds if lawyers don’t step in. Essentially, the Moody court held a policyholder may recover emotional distress (one variety of “bad faith” damages) on a claim for “negligence per se” based on the insurer’s violation of ORS 746.230, the Oregon Unfair Claim Settlement Practices Act. Standing ovation for our colleague, Eiva. This decision could be monumental in holding insurance companies accountable for their bad behavior — if the Supreme Court affirms the COA decision or the decision is codified into law. Fuel for the engine The work we are doing at the Legislature would not happen without your contributions to our Guardians program. Guardians directly funds OTLA-PAC, which then supports political candidates who believe in access to justice and protecting your clients’ rights. Guardian contributions are the only way OTLA PAC is funded. Your dollars allow OTLA to remain a strong advocate (often the ONLY advocate) for injured Oregonians’ access to the civil justice system. Whether you realize it or not, your practice has already benefited greatly from the legislative and political work of OTLA, as you will read in this edition. Yet, only 49% of our members are currently Guardians. Whether you look at it as an investment in your future or a cost of doing business, I urge you to give and give now. Contact me or OTLA Development Director Caroline Greenlaw at caroline@oregontriallawyers.org. One of us will get you signed up. Blair Townsend specializes in personal injury, wrongful death, medical malpractice and business litigation. She contributes to the OTLA Guardians at the Guardians Club level. She practices at The Townsend Law Firm LLC, 50 Pine St. Ste. 400, Portland, OR 97204. She can be reached at blair@btownsendlaw.com or 503-7151896. Without writing a playbook, suffice it to say that OTLA is a powerhouse.
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