742.056
Certain conduct not deemed waiver.
Without limitation of any right or defense of an insurer otherwise, none of the
following acts by or on behalf of an insurer shall be deemed to constitute a
waiver of or estoppel to assert any provision of a policy or of any defense of
the insurer thereunder:
(1)
Acknowledgment of the receipt of notice of loss or claim under the policy.
(2) Furnishing
forms for reporting a loss or claim, for giving information relative thereto,
or for making proof of loss, or receiving or acknowledging receipt of any such
forms or proofs completed or uncompleted.
(3) Investigating
any loss or claim under the policy or engaging in negotiations looking toward a
possible settlement of any such loss or claim. [Formerly 743.096]
Notes of Decisions
Brockway v. Allstate Prop. & Cas. Ins. Co., 391 P.3d 871 (Or. Ct. App. 2017).
· cites it 3× “At the hearing, among other things, the court asked the parties to discuss the applicability of ORS 742.056, which provides: “Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to…”
Moore v. Mut. of Enumclaw Ins., 833 P.2d 1310 (Or. Ct. App. 1992).
· cites it 3× “056(3) says that investigating a loss and engaging in settlement negotiations shall not be deemed to constitute a waiver. Again, it is a question of fact as to whether defendant engaged in settlement negotiations aimed at a compromise or whether it tendered payment for what it…”
Great Am. Ins. Co. of New York v. Jackson Cnty. Sch. Dist. No. 9, 478 F. Supp. 2d 1227 (D. Or. 2007).
· cites it 2× “Great American also argues that the fact that they investigated and negotiated the claimed loss is not enough to invoke the doctrine of estoppel citing ORS § 742.056. *1240 The court finds that Great American did much more than investigate and negotiate School District’s claim,…”
— Or. Rev. Stat. § 742.056(3) — 1 case
Moore v. Mut. of Enumclaw Ins., 833 P.2d 1310 (Or. Ct. App. 1992).
“056(3) says that investigating a loss and engaging in settlement negotiations shall not be deemed to constitute a waiver. Again, it is a question of fact as to whether defendant engaged in settlement negotiations aimed at a compromise or whether it tendered payment for what it…”
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