75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2993
House Bill 3092
Sponsored by Representative BARKER (at the request of National
Insurance Crime Bureau)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Creates crime of insurance fraud. Punishes by maximum of 10
years' imprisonment, $250,000 fine, or both.
Permits court to order restitution to insurer for value of
benefit, payment for loss or recovery obtained illegally.
Requires prosecuting attorney to notify Director of Department
of Consumer and Business Services and any appropriate regulatory
body or professional licensing board of conviction of person for
crime of insurance fraud.
Permits insurer to bring action to recover value of benefits,
payments or recoveries provided or paid to person convicted of
insurance fraud, unless and to extent person has made or was
ordered to make restitution.
Exempts person who provides information in connection with
suspected insurance fraud from civil liability for providing
information.
Requires insurer to report suspected insurance fraud to
Department of Consumer and Business Services and to cooperate
with investigation and prosecution.
Requires insurer to provide certain notices on insurance
applications and claim forms.
A BILL FOR AN ACT
Relating to insurance fraud; creating new provisions; and
amending ORS 161.005, 165.692, 166.715, 166.725 and 743.028.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) A person commits the crime of insurance
fraud if the person knowingly:
(a) Provides false information or makes or causes to be made a
false representation in connection with a claim for an insurance
benefit, a payment for a loss or a recovery;
(b) Fails to decline, refuse or return an insurance benefit, a
payment for a loss or a recovery to which the person is not
entitled by reason of an insurer's mistake or other facts or
circumstances connected with the person's claim or the coverage
provided by an applicable insurance policy;
(c) Conceals from or fails to disclose to an insurer the
occurrence of an event or the existence of information that would
cause the insurer not to provide an insurance benefit, a payment
for a loss or a recovery to which the person is not entitled;
(d) Obtains or retains an insurance benefit, a payment for a
loss or a recovery in an amount greater than that to which the
person is entitled under the insurance policy; or
(e) Makes or causes to be made during an official proceeding,
as defined in ORS 162.105, a false statement in connection with
an insurance claim.
(2) Insurance fraud is:
(a) A Class B felony if the value of the benefit or the amount
paid or to be paid for a loss or recovery is $10,000 or more;
(b) A Class C felony if the value of the benefit or the amount
paid or to be paid for a loss or recovery is $750 or more and
less than $10,000; or
(c) A Class A misdemeanor if the value of the benefit or the
amount paid or to be paid for a loss or recovery is less than
$750.
(3) A court may order a person convicted of the crime of
insurance fraud, in addition to and not in lieu of the penalties
set forth in subsection (2) of this section, to make restitution
to the insurer for the value of any benefit, payment for a loss
or recovery the person obtained. + }
SECTION 2. { + A prosecuting attorney shall notify the
Director of the Department of Consumer and Business Services and
any appropriate regulatory body or professional licensing board
of the conviction of a person for insurance fraud under section 1
of this 2009 Act. + }
SECTION 3. { + (1) An insurer has a civil cause of action to
recover payments or recoveries obtained by or the value of
benefits provided to a person convicted of insurance fraud under
section 1 of this 2009 Act, unless and to the extent that the
person convicted has made or has been ordered to make restitution
under section 1 (3) of this 2009 Act.
(2) An insurer, after obtaining a judgment for a civil cause of
action under subsection (1) of this section, shall notify the
Department of Consumer and Business Services and any appropriate
regulatory body or professional licensing board of the judgment
obtained. + }
SECTION 4. ORS 165.692 is amended to read:
165.692. A person commits the crime of making a false claim for
health care payment when the person { + knowingly + }:
(1) { - Knowingly - } Makes or causes to be made a claim for
health care payment that contains any false statement or false
representation of a material fact in order to receive a health
care payment; { - or - }
(2) { - Knowingly - } Conceals from or fails to disclose to
a health care payor the occurrence of any event or the existence
of any information with the intent to obtain a health care
payment to which the person is not entitled, or to obtain or
retain a health care payment in an amount greater than that to
which the person is or was entitled { - . - } { + ; or
(3) Makes or causes to be made a claim for a health care
payment for health care services the person did not use or that
were not provided to the person. + }
SECTION 5. { + (1) A person may provide information, including
a report or oral or written evidence or testimony, concerning
insurance fraud that the person reasonably anticipates will occur
or that the person knows or suspects has occurred to a court, to
the Department of Consumer and Business Services, a law
enforcement agency or an insurer.
(2) If a person in good faith provides information in
accordance with subsection (1) of this section for the purpose of
preventing, investigating or prosecuting insurance fraud, the
person is not liable for civil damages as a result of providing
the information.
(3) An insurer that reasonably believes that a person has
committed, is committing or is about to commit an act that may
constitute insurance fraud under section 1 of this 2009 Act shall
disclose all material information concerning the crime to the
Department of Consumer and Business Services. The insurer shall
cooperate with the department in any investigation the department
or a prosecuting attorney conducts or any prosecution that a
prosecuting attorney commences under section 1 of this 2009
Act. + }
SECTION 6. ORS 743.028 is amended to read:
743.028. { + (1) + } The Director of the Department of
Consumer and Business Services shall prescribe uniform health
insurance claim forms which shall be used by all insurers
transacting health insurance in this state and by all state
agencies that require health insurance claim forms for their
records.
{ + (2) All health insurance claim forms prescribed under
subsection (1) of this section must contain or have attached to
them the following notice, prominently displayed in prominent
typeface: + }
________________________________________________________________
{ +
NOTICE + }
{ + FOR YOUR PROTECTION, OREGON LAW REQUIRES THAT YOU BE
INFORMED THAT PRESENTING A FRAUDULENT CLAIM FOR AN INSURANCE
BENEFIT OR PAYMENT OF A LOSS OR A RECOVERY IS A CRIME PUNISHABLE
BY FINES OR IMPRISONMENT, OR BOTH. + }
________________________________________________________________
{ + (3) The absence of the notice described in subsection (2)
of this section is not a defense to a charge of making a false
claim for a health care payment under ORS 165.692. + }
SECTION 7. { + (1) An insurer, on all insurance policy
applications and on all insurance claim forms the insurer issues
or provides to an insured, shall attach or incorporate the
following notice, prominently displayed in prominent
typeface: + }
________________________________________________________________
{ +
NOTICE + }
{ + FOR YOUR PROTECTION, OREGON LAW REQUIRES THAT YOU BE
INFORMED THAT PRESENTING A FRAUDULENT CLAIM FOR AN INSURANCE
BENEFIT OR PAYMENT OF A LOSS OR A RECOVERY IS A CRIME PUNISHABLE
BY FINES OR IMPRISONMENT, OR BOTH. + }
________________________________________________________________
{ + (2) The absence of the notice described in subsection (1)
of this section is not a defense to a charge of insurance fraud
under section 1 of this 2009 Act. + }
SECTION 8. ORS 161.005 is amended to read:
161.005. ORS 161.005 to 161.055, 161.085 to 161.125, 161.150 to
161.175, 161.190 to 161.275, 161.290 to 161.370, 161.405 to
161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685, 161.705
to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115,
162.135 to 162.205, 162.225 to 162.375, 162.405 to 162.425,
162.465, 163.005, 163.115, 163.125 to 163.145, 163.149, 163.160
to 163.208, 163.215 to 163.257, 163.261, 163.263, 163.264,
163.266, 163.275, 163.285, 163.305 to 163.467, 163.432, 163.433,
163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015 to
164.135, 164.138, 164.140, 164.205 to 164.270, 164.305 to
164.377, 164.395 to 164.415, 164.805, 164.886, 165.002 to
165.102, 165.109, { + 165.692, + } 165.805, 166.005 to 166.095,
166.350, 166.382, 166.384, 166.660, 167.002 to 167.027, 167.054,
167.057, 167.060 to 167.100, 167.117, 167.122 to 167.162, 167.203
to 167.252, 167.310 to 167.340 and 167.350, 167.810 { - and - }
{ + , + } 167.820 { + and section 1 of this 2009 Act + } shall
be known and may be cited as Oregon Criminal Code of 1971.
SECTION 9. ORS 166.715 is amended to read:
166.715. As used in ORS 166.715 to 166.735, unless the context
requires otherwise:
(1) 'Documentary material' means any book, paper, document,
writing, drawing, graph, chart, photograph, phonograph record,
magnetic tape, computer printout, other data compilation from
which information can be obtained or from which information can
be translated into usable form, or other tangible item.
(2) 'Enterprise' includes any individual, sole proprietorship,
partnership, corporation, business trust or other profit or
nonprofit legal entity, and includes any union, association or
group of individuals associated in fact although not a legal
entity, and both illicit and licit enterprises and governmental
and nongovernmental entities.
(3) 'Investigative agency' means the Department of Justice or
any district attorney.
(4) 'Pattern of racketeering activity' means engaging in at
least two incidents of racketeering activity that have the same
or similar intents, results, accomplices, victims or methods of
commission or otherwise are interrelated by distinguishing
characteristics, including a nexus to the same enterprise, and
are not isolated incidents, provided at least one of such
incidents occurred after November 1, 1981, and that the last of
such incidents occurred within five years after a prior incident
of racketeering activity. Notwithstanding ORS 131.505 to 131.525
or 419A.190 or any other provision of law providing that a
previous prosecution is a bar to a subsequent prosecution,
conduct that constitutes an incident of racketeering activity may
be used to establish a pattern of racketeering activity without
regard to whether the conduct previously has been the subject of
a criminal prosecution or conviction or a juvenile court
adjudication, unless the prosecution resulted in an acquittal or
the adjudication resulted in entry of an order finding the youth
not to be within the jurisdiction of the juvenile court.
(5) 'Person' means any individual or entity capable of holding
a legal or beneficial interest in real or personal property.
(6) 'Racketeering activity' includes conduct of a person
committed both before and after the person attains the age of 18
years, and means to commit, to attempt to commit, to conspire to
commit, or to solicit, coerce or intimidate another person to
commit:
(a) Any conduct that constitutes a crime, as defined in ORS
161.515, under any of the following provisions of the Oregon
Revised Statutes:
(A) ORS 59.005 to 59.451, 59.710 to 59.830, 59.991 and 59.995,
relating to securities;
(B) ORS 162.015, 162.025 and 162.065 to 162.085, relating to
bribery and perjury;
(C) ORS 162.235, 162.265 to 162.305, 162.325, 162.335, 162.355
and 162.365, relating to obstructing governmental administration;
(D) ORS 162.405 to 162.425, relating to abuse of public office;
(E) ORS 162.455, relating to interference with legislative
operation;
(F) ORS 163.095 to 163.115, 163.118, 163.125 and 163.145,
relating to criminal homicide;
(G) ORS 163.160 to 163.205, relating to assault and related
offenses;
(H) ORS 163.225 and 163.235, relating to kidnapping;
(I) ORS 163.275, relating to coercion;
(J) ORS 163.670 to 163.693, relating to sexual conduct of
children;
(K) ORS 164.015, 164.043, 164.045, 164.055, 164.057, 164.075 to
164.095, 164.098, 164.125, 164.135, 164.140, 164.215, 164.225 and
164.245 to 164.270, relating to theft, burglary, criminal
trespass and related offenses;
(L) ORS 164.315 to 164.335, relating to arson and related
offenses;
(M) ORS 164.345 to 164.365, relating to criminal mischief;
(N) ORS 164.395 to 164.415, relating to robbery;
(O) ORS 164.865, 164.875 and 164.868 to 164.872, relating to
unlawful recording or labeling of a recording;
(P) ORS 165.007 to 165.022, 165.032 to 165.042 and 165.055 to
165.070, relating to forgery and related offenses;
(Q) ORS 165.080 to 165.109, relating to business and commercial
offenses;
(R) ORS 165.485 to 165.515, 165.540 and 165.555, relating to
communication crimes;
(S) ORS 166.180, 166.190, 166.220, 166.250, 166.270, 166.275,
166.410, 166.450 and 166.470, relating to firearms and other
weapons;
(T) ORS 164.377 (2) to (4), as punishable under ORS 164.377
(5)(b), 167.007 to 167.017, 167.054, 167.057, 167.062 to 167.080,
167.090, 167.122 to 167.137, 167.147, 167.164, 167.167, 167.212,
167.355, 167.365, 167.370, 167.428, 167.431 and 167.439, relating
to prostitution, obscenity, sexually explicit material, sexual
conduct, gambling, computer crimes involving the Oregon State
Lottery, animal fighting, forcible recovery of a fighting bird
and related offenses;
(U) ORS 171.990, relating to legislative witnesses;
(V) ORS 260.575 and 260.665, relating to election offenses;
(W) ORS 314.075, relating to income tax;
(X) ORS 180.440 (2) and ORS chapter 323, relating to cigarette
and tobacco products taxes and the directory developed under ORS
180.425;
(Y) ORS 411.630, 411.675, 411.690 and 411.840, relating to
public assistance payments, and ORS 411.990 (2) and (3);
(Z) ORS 462.140, 462.415 and 462.420 to 462.520, relating to
racing;
(AA) ORS 463.995, relating to boxing, mixed martial arts and
entertainment wrestling, as defined in ORS 463.015;
(BB) ORS 471.305, 471.360, 471.392 to 471.400, 471.403,
471.404, 471.405, 471.425, 471.442, 471.445, 471.446, 471.485,
471.490 and 471.675, relating to alcoholic liquor, and any of the
provisions of ORS chapter 471 relating to licenses issued under
the Liquor Control Act;
(CC) ORS 475.005 to 475.285 and 475.840 to 475.980, relating to
controlled substances;
(DD) ORS 480.070, 480.210, 480.215, 480.235 and 480.265,
relating to explosives;
(EE) ORS 819.010, 819.040, 822.100, 822.135 and 822.150,
relating to motor vehicles;
(FF) ORS 658.452 or 658.991 (2) to (4), relating to farm labor
contractors;
(GG) ORS chapter 706, relating to banking law administration;
(HH) ORS chapter 714, relating to branch banking;
(II) ORS chapter 716, relating to mutual savings banks;
(JJ) ORS chapter 723, relating to credit unions;
(KK) ORS chapter 726, relating to pawnbrokers;
(LL) ORS 166.382 and 166.384, relating to destructive devices;
(MM) ORS 165.074;
(NN) ORS 59.840 to 59.980, relating to mortgage bankers and
mortgage brokers;
(OO) ORS chapter 496, 497 or 498, relating to wildlife;
(PP) ORS 163.355 to 163.427, relating to sexual offenses;
(QQ) ORS 166.015, relating to riot;
(RR) ORS 166.155 and 166.165, relating to intimidation;
(SS) ORS chapter 696, relating to real estate and escrow;
(TT) ORS chapter 704, relating to outfitters and guides;
(UU) ORS 165.692, relating to making a false claim for health
care payment;
(VV) ORS 162.117, relating to public investment fraud;
(WW) ORS 164.170 or 164.172;
(XX) ORS 647.140, 647.145 or 647.150, relating to trademark
counterfeiting;
(YY) ORS 164.886;
(ZZ) ORS 167.312 and 167.388;
(AAA) ORS 164.889;
(BBB) ORS 165.800; { - or - }
(CCC) ORS 163.263, 163.264 or 163.266 { + ; or
(DDD) Section 1 of this 2009 Act + }.
(b) Any conduct defined as 'racketeering activity' under 18
U.S.C. 1961 (1)(B), (C), (D) and (E).
(7) 'Unlawful debt' means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in the state in whole or in part because the debt
was incurred or contracted:
(a) In violation of any one of the following:
(A) ORS chapter 462, relating to racing;
(B) ORS 167.108 to 167.164, relating to gambling; or
(C) ORS 82.010 to 82.170, relating to interest and usury.
(b) In gambling activity in violation of federal law or in the
business of lending money at a rate usurious under federal or
state law.
(8) Notwithstanding contrary provisions in ORS 174.060, when
this section references a statute in the Oregon Revised Statutes
that is substantially different in the nature of its essential
provisions from what the statute was when this section was
enacted, the reference shall extend to and include amendments to
the statute.
SECTION 10. ORS 166.725 is amended to read:
166.725. (1) Any circuit court may, after making due provision
for the rights of innocent persons, enjoin violations of the
provisions of ORS 166.720 (1) to (4) by issuing appropriate
orders and judgments, including, but not limited to:
(a) Ordering a divestiture by the defendant of any interest in
any enterprise, including real property.
(b) Imposing reasonable restrictions upon the future activities
or investments of any defendant, including, but not limited to,
prohibiting any defendant from engaging in the same type of
endeavor as the enterprise in which the defendant was engaged in
violation of the provisions of ORS 166.720 (1) to (4).
(c) Ordering the dissolution or reorganization of any
enterprise.
(d) Ordering the suspension or revocation of a license, permit
or prior approval granted to any enterprise by any agency of the
state.
(e) Ordering the forfeiture of the charter of a corporation
organized under the laws of this state, or the revocation of a
certificate of authority authorizing a foreign corporation to
conduct business within this state, upon finding that the board
of directors or a managerial agent acting on behalf of the
corporation, in conducting the affairs of the corporation, has
authorized or engaged in conduct in violation of ORS 166.720 (1)
to (4) and that, for the prevention of future criminal activity,
the public interest requires the charter of the corporation
forfeited and the corporation dissolved or the certificate of
authority revoked.
(2) All property, real or personal, including money, used in
the course of, derived from or realized through conduct in
violation of a provision of ORS 166.715 to 166.735 is subject to
civil forfeiture to the state. The state shall dispose of all
forfeited property as soon as commercially feasible. If property
is not exercisable or transferable for value by the state, it
shall expire. All forfeitures or dispositions under this section
shall be made with due provision for the rights of innocent
persons. Forfeited property shall be distributed as follows:
(a)(A) All moneys and the clear proceeds of all other property
forfeited shall be deposited with the State Treasurer to the
credit of the Common School Fund.
(B) For purposes of subparagraph (A) of this paragraph, ' clear
proceeds' means proceeds of forfeited property less costs of
maintaining and preserving property pending its sale or other
disposition, less costs of sale or disposition and, if the
Department of Justice has not otherwise recovered its costs and
expenses of the investigation and prosecution leading to the
forfeiture, less 30 percent of the remaining proceeds of the
property which is awarded to the department as reasonable
reimbursement for costs of such investigation and prosecution.
(b) Any amounts awarded to the Department of Justice pursuant
to paragraph (a) of this subsection shall be deposited in the
Criminal Justice Revolving Account in the State Treasury.
(3) Property subject to forfeiture under this section may be
seized by a police officer, as defined in ORS 133.525 (2), upon
court process. Seizure without process may be made if:
(a) The seizure is incident to a lawful arrest or search or an
inspection under an administrative inspection warrant; or
(b) The property subject to seizure has been the subject of a
prior judgment in favor of the state in a forfeiture proceeding
based upon this section.
(4) In the event of a seizure under subsection (3) of this
section, a forfeiture proceeding shall be instituted promptly.
Property taken or detained under this section shall not be
subject to replevin, but is deemed to be in the custody of the
police officer making the seizure, subject only to the order of
the court. When property is seized under this section, pending
forfeiture and final disposition, the police officer may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the court; or
(c) Require another agency authorized by law to take custody of
the property and remove it to an appropriate location.
(5) The Attorney General, any district attorney or any state
agency having jurisdiction over conduct in violation of a
provision of ORS 166.715 to 166.735 may institute civil
proceedings under this section. In any action brought under this
section, the circuit court shall give priority to the hearing and
determination. Pending final determination, the circuit court may
at any time enter such injunctions, prohibitions or restraining
orders, or take such actions, including the acceptance of
satisfactory performance bonds, as the court may deem proper. The
Attorney General, district attorney or state agency bringing an
action under this section may be awarded, upon entry of a
judgment in favor of the state, costs of investigation and
litigation, reasonably incurred. Amounts recovered may include
costs and expenses of state and local governmental departments
and agencies incurred in connection with the investigation or
litigation.
(6)(a) Any aggrieved person may institute a proceeding under
subsection (1) of this section:
(A) If the proceeding is based upon racketeering activity for
which a criminal conviction has been obtained, any rights of
appeal have expired and the action is against the individual
convicted of the racketeering activity; or
(B) If the person is entitled to pursue a cause of action under
subsection (7)(a)(B) of this section.
(b) In such proceeding, relief shall be granted in conformity
with the principles that govern the granting of injunctive relief
from threatened loss or damage in other civil cases, except that
no showing of special or irreparable damage to the person shall
have to be made. Upon the execution of proper bond against
damages for an injunction improvidently granted and a showing of
immediate danger of significant loss or damage, a temporary
restraining order and a preliminary injunction may be issued in
any such action before a final determination on the merits.
(7)(a) Any person who is injured by reason of any violation of
the provisions of ORS 166.720 (1) to (4) shall have a cause of
action for three-fold the actual damages sustained and, when
appropriate, punitive damages:
(A) If a criminal conviction for the racketeering activity that
is the basis of the violation has been obtained, any rights of
appeal have expired and the action is against the individual
convicted of the racketeering activity; or
(B) If the violation is based on racketeering activity as
defined in ORS 166.715 (6)(a)(B) to (J), (K) as it relates to
burglary and criminal trespass, (L) to (P), (S), (T), (U), (V),
(X) to (Z), (AA) to (DD), (KK), (LL) { + , + } { - or - } (OO)
to (VV) { + or (DDD) + }.
(b) The defendant or any injured person may demand a trial by
jury in any civil action brought pursuant to this subsection.
(c) Any injured person shall have a right or claim to forfeited
property or to the proceeds derived therefrom superior to any
right or claim the state has in the same property or proceeds.
(8) An investigative agency may bring an action for civil
penalties for any violation of ORS 166.720 (1) to (4). Upon proof
of any such violation, the court shall impose a civil penalty of
not more than $250,000.
(9) A judgment rendered in favor of the state in any criminal
proceeding under ORS 166.715 to 166.735 shall estop the defendant
in any subsequent civil action or proceeding brought by the state
or any other person as to all matters as to which such judgment
would be an estoppel as between the state and the defendant.
(10) The Attorney General may, upon timely application,
intervene in any civil action or proceeding brought under
subsection (6) or (7) of this section if the Attorney General
certifies that, in the opinion of the Attorney General, the
action or proceeding is of general public importance. In such
action or proceeding, the state shall be entitled to the same
relief as if the Attorney General instituted the action or
proceeding.
(11)(a) Notwithstanding any other provision of law, a criminal
or civil action or proceeding under ORS 166.715 to 166.735 may be
commenced at any time within five years after the conduct in
violation of a provision of ORS 166.715 to 166.735 terminates or
the cause of action accrues. If a criminal prosecution or civil
action or other proceeding is brought, or intervened in, to
punish, prevent or restrain any violation of the provisions of
ORS 166.715 to 166.735, the running of the period of limitations
prescribed by this section with respect to any cause of action
arising under subsection (6) or (7) of this section which is
based in whole or in part upon any matter complained of in any
such prosecution, action or proceeding shall be suspended during
the pendency of such prosecution, action or proceeding and for
two years following its termination.
(b) A cause of action arising under subsection (6)(a)(A) or
(7)(a)(A) of this section accrues when the criminal conviction
for the underlying activity is obtained. In addition to any
suspension of the running of the period of limitations provided
for in paragraph (a) of this subsection, the period of
limitations prescribed by paragraph (a) of this subsection is
suspended during any appeal from the criminal conviction for the
underlying activity.
(12) The application of one civil remedy under any provision of
ORS 166.715 to 166.735 shall not preclude the application of any
other remedy, civil or criminal, under ORS 166.715 to 166.735 or
any other provision of law. Civil remedies under ORS 166.715 to
166.735 are supplemental and not mutually exclusive.
(13) Notwithstanding subsection (6) or (7) of this section, a
person may not institute a proceeding under subsection (6) of
this section and does not have a cause of action under subsection
(7) of this section if the conduct that is the basis of the
proceeding or action could also be the basis of a claim of
discrimination because of sex that constitutes sexual harassment.
(14) In an action brought under the provisions of this section
by a person other than the Attorney General, a district attorney
or a state agency, the court may award reasonable attorney fees
to the prevailing party. In a civil action brought under the
provisions of this section by the Attorney General, a district
attorney or a state agency:
(a) The court may award reasonable attorney fees to the
Attorney General, district attorney or state agency if the
Attorney General, district attorney or state agency prevails in
the action; and
(b) The court may award reasonable attorney fees to a defendant
who prevails in an action under this section if the court
determines that the Attorney General, district attorney or state
agency had no objectively reasonable basis for asserting the
claim or no reasonable basis for appealing an adverse decision of
the trial court.
SECTION 11. { + Sections 1, 2, 3, 5 and 7 of this 2009 Act and
the amendments to ORS 161.005, 165.692, 166.715, 166.725 and
743.028 by sections 4, 6, 8, 9 and 10 of this 2009 Act apply to
all insurers in operation on or after the effective date of this
2009 Act and to all applications and claims for insurance,
insurance benefits and payments for losses or recoveries
obtained, provided or delivered, as appropriate, on or after the
effective date of this 2009 Act. + }
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