DeShaw Law has spent more than two decades fighting common bad faith tactics. When an insurance company fails to adhere to their contractual obligations, they are acting in bad faith. This is something that Oregon insurance law—and this law firm—takes seriously.
You did everything right. You paid your premium, and filed a claim after a car accident. You expected your insurer to honor its end of the contract—but you've been met with delay after delay—or perhaps even claim denial. If this sounds familiar, you may be encountering insurance bad faith. In Portland Oregon, you have a right to hire an insurance claim attorney to counter bad faith insurance practices.
If your insurer has responded to your claim with an unreasonable delay, a lowball offer, or no response at all, you may have grounds for bad faith insurance claims. These are not minor procedural complaints. They are violations of Oregon insurance law that can cost injured people thousands of dollars and critical time in their recovery.
Common bad faith tactics include denying coverage without a proper investigation, refusing to return phone calls, misrepresenting policy terms, and/or unreasonably delaying payment. Our experienced insurance attorneys examine bad faith cases from every angle; this often reveals a pattern of behavior designed to avoid paying legitimate claims.
If your health insurance company acted in bad faith by denying payment for necessary treatment, speak to the insurance lawyer at DeShaw Law. Our Portland firm will investigate, document, and challenge that conduct. Insurance bad faith is common, but it is never acceptable.
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What Is Insurance Bad Faith?
Insurance bad faith occurs when an insurer fails to meet its legal obligation to handle claims honestly, thoroughly, and in a timely manner. In Oregon, insurers are bound by both contract law and the Oregon Unfair Claims Settlement Practices Act (ORS 746.230), which prohibits a wide range of abusive behaviors by insurance companies.
The relationship between a policyholder and their insurer is built on a promise of good faith. When you purchase an insurance policy, you are entering a legal contract. The insurance company agrees to investigate and pay valid claims fairly and promptly. Bad faith is what happens when insurers deliberately abandon that obligation — not due to error or honest disagreement, but as a deliberate strategy to protect profits.
Oregon courts have recognized first-party bad faith claims following landmark decisions like Moody v. Oregon Community Credit Union, which reinforced that insurers who negligently or wrongfully deny or delay claims can be held accountable in court. This means Oregon policyholders now have more legal tools than ever before to push back.
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How a Bad Faith Insurance Attorney in Portland Can Help
When you work with an experienced bad faith attorney in Portland, OR, you gain an advocate who understands insurance company behavior from the inside out. Here is what that representation looks like in practice.
Evaluating Your Claim
DeShaw Law will review the policy language for your insurance coverage, your insurer's communications, and the history of your claim to determine whether bad faith has occurred. Not every denied claim rises to the level of bad faith, but many do; identifying which category of bad faith your claim falls into is the essential first step.
Building the Record
Bad faith cases are won or lost on documentation. Our insurance bad faith attorneys are skilled at gathering correspondence, claims notes, adjuster communications, and internal records through the discovery process to establish a pattern of conduct. A single delayed response may be excusable; a systematic pattern of delay, denial, and misdirection is not.
Negotiating from a Position of Strength
Insurance companies respond differently to claimants represented by attorneys with genuine trial experience. When your insurer knows that your Portland bad faith attorney has a track record of courtroom success and is prepared to take a case to trial, settlement offers change accordingly.
Filing a Bad Faith Lawsuit
If the insurer refuses to negotiate in good faith, your attorney can file a lawsuit seeking not only the benefits you were owed, but potentially additional damages including attorney fees, emotional distress damages, and punitive damages in egregious cases.
If you have been affected by insurance claim denial that you believe may qualify as insurance bad faith, call DeShaw Law for a free case consultation. We operate on a contingency fee basis, meaning we only collect money once your claim is successfully resolved.
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Why Oregon Law Gives You Real Leverage
Oregon has recently become significantly more favorable to policyholders in recent years. Following the Moody decision in 2022, Oregon courts have recognized that insurers can face liability not just for breach of contract, but for the manner in which they handle your claim. This is a meaningful distinction; now your insurer can be held accountable for the process, not just the outcome.
DeShaw Law has been involved in insurance bad faith litigation for decades, including as co-counsel in one of the largest insurance bad faith class action cases in United States history — Hensley v. CSC et al., which resulted in over $150 million in recoveries for policyholders who were systematically underpaid by hundreds of insurance companies.
Read More from DeShaw Law: Oregon Supreme Court Confirms First Party Insurance Bad Faith in Oregon
Frequently Asked Questions About Bad Faith Insurance Claims in Oregon
What is the difference between a denied claim and a bad faith claim?
A denied claim is simply a decision by the insurer not to pay. A bad faith claim arises when that denial — or the overall handling of your claim — is unreasonable, dishonest, or deliberately obstructive. Not every denial is bad faith, but when your insurer denies coverage without investigating, misrepresents your policy, or engages in unreasonable delay tactics, you may have a bad faith case worth pursuing.
Dr. Aaron DeShaw, law firm founder and seasoned personal injury attorney, has dealt with insurance bad faith cases both as a doctor and a lawyer for more than two decades. He leverages his deep understanding of this nuanced legal field with every bad faith case he takes. To speak with a member of our legal team, call (503) 227-1233.
How long do I have to file a bad faith claim in Oregon?
Generally, Oregon's statute of limitations for bad faith insurance claims is two (2) years from the date of the bad faith conduct. However, identifying the exact starting date can be complicated, and waiting too long can cost you your right to recover. If you suspect bad faith, speaking with an attorney is strongly advised.
Can I sue my insurer even if they eventually paid my claim?
Yes, in some circumstances. If your insurer caused you financial harm, emotional distress, or forced you to incur legal expenses through unreasonable delay or obstruction, even if they ultimately paid, you may still have a viable bad faith claim for the damages caused by that improper conduct. Reach out to DeShaw Law to learn more about how to sue your insurance company retroactively for bad faith tactics deployed during your claim resolution period.
What types of insurance policies can give rise to a bad faith claim in Oregon?
Bad faith can arise across many policy types, including auto insurance (including uninsured and underinsured motorist claims), homeowner's insurance, health insurance, life insurance, and disability insurance. If your insurer has failed to treat you fairly under any of these policies, it's worth a conversation with a Portland insurance attorney.
Do I need an attorney for a bad faith claim, or can I handle it myself?
While you are legally permitted to handle your own claim, insurance companies have entire departments of adjusters, lawyers, and data systems dedicated to minimizing payouts. Having an experienced bad faith attorney in your corner levels the playing field. We strongly advise working with an experienced bad faith attorney to resolve your claim.
What does it cost to hire a bad faith attorney at DeShaw Law?
DeShaw Law handles bad faith cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. You should never feel that the cost of legal representation stands between you and holding a bad-faith insurer accountable.
Contact DeShaw Law: Portland's Bad Faith Insurance Attorneys
If your insurance company has denied, delayed, or mishandled your claim, the Portland bad faith attorneys at DeShaw Law are ready to listen. Dr. Aaron DeShaw has over two decades of experience in insurance law, has authored the leading legal texts on insurer claim practices, and has recovered over $1 billion for injured Oregonians and their families.
Call us at (503) 227-1233 for a free consultation. We serve clients throughout Portland, the greater Multnomah County area, and across Oregon and Washington. Don't let your insurer get away with it — contact DeShaw Law today.