Oregon Administrative Rules
Chapter 836 - DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, INSURANCE REGULATION
Division 7 - ENFORCEMENT
Section 836-007-0001 - Actions by Director for Restitution or Other Equitable Relief
Universal Citation: OR Admin Rules 836-007-0001
Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in this rule:
(a) "Actual damages" means reasonably
foreseeable losses.
(b) "Consumer"
means an insured under a policy that is the subject of the enforcement action.
(c) "Equitable relief" means
injunctive relief, specific performance of a contract provision or specific
performance of a provision of the Insurance Code or rules implementing the
Insurance Code or applicable federal law.
(2) The Director of the Department of Consumer and Business Services:
(a) May seek
restitution of actual damages or other equitable relief on a consumer's behalf
only when the director takes an action against an insurer under ORS
731.256(1).
(b) Will not seek relief under
subsection (a) of this section for any consumer who is entitled to a remedy
under ORS Chapter 656; and
(c) May
reduce actual damages upon a showing that the consumer has failed to reasonably
mitigate damages.
Stat. Auth.: ORS 731.244
Stats. Implemented: ORS 731.256
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