C.V. v. American Family Mutual Insurance Company, S.I.

Summary

The United States District Court for the District of Oregon partially granted and partially denied an insurer’s motion to dismiss claims arising from an underinsured motorist insurance claim. The court held that emotional distress damages are unavailable for breach of the implied covenant of good faith and fair dealing because that claim is contractual, but concluded that the plaintiff adequately pleaded a negligence per se claim based on alleged violations of Oregon’s unfair claim settlement practices statute. The contractual emotional-distress claim was dismissed with prejudice, while the negligent-performance claim survived.