[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.rizklaw.com\/blog\/insured-v-insurer-motivating-insurers\/#BlogPosting","mainEntityOfPage":"https:\/\/www.rizklaw.com\/blog\/insured-v-insurer-motivating-insurers\/","headline":"Insured v Insurer: Motivating Insurers","name":"Insured v Insurer: Motivating Insurers","description":"You paid thousands in insurance premiums and have presented few, in any, claims until now. As a loyal customer you innocently believed that if someday you\u00a0made a claim, it would be promptly and fairly resolved. Wrong! Instead of quick claim resolution, you were delayed, denied and treated like a petty criminal. Instead of prompt claim...","datePublished":"2009-11-30","dateModified":"2025-01-08","author":{"@type":"Person","@id":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/#Person","name":"Rizk Law","url":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Rizk Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","width":278,"height":65}},"image":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/Richard-Rizk-headshot.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/Richard-Rizk-headshot.jpg","width":383,"height":427},"url":"https:\/\/www.rizklaw.com\/blog\/insured-v-insurer-motivating-insurers\/","about":["Insurance Issues"],"wordCount":389,"articleBody":"You paid thousands in insurance premiums and have presented few, in any, claims until now. As a loyal customer you innocently believed that if someday you\u00a0made a claim, it would be promptly and fairly resolved. Wrong!Instead of quick claim resolution, you were delayed, denied and treated like a petty criminal. Instead of prompt claim payment, you now face a \u201cno win\u201d choice: accept a denied claim or file suit. What a way to treat a loyal customer?! Good news for Oregon policyholders: there are ways to set up and motivate your insurer in this situation.First, send your insurer and agent a written \u201cProof of Loss\u201d. Label the letter \u201cPROOF OF LOSS\u201d in big letters at the top. This \u201cProof of Loss\u201d letter should describe the loss in sufficient detail so to \u201cpermit an insurer to estimate its obligations.\u201d In other words, the letter should plainly and accurately\u00a0describe the loss\u00a0and the events and persons involved. Include copies of relevant, favorable photos and estimates. Don\u2019t say what you don\u2019t know.Next, fax and mail (certified) the \u201cProof of Loss\u201d to BOTH your agent and claims examiner. Print out the fax confirmation sheets and keep the return postcard. Keep a copy of everything you sent your insurer.Now, should you eventually be awarded more than the amount offered by your insurer within 6 months of the insurer\u2019s receipt of the proof of loss, your insurer will be exposed to attorney fees should a suit be needed. ORS 742.061. Since insurers don\u2019t want to pay your fees in addition to the claim, many insurers will now be more reasonable about claim value. In the event you take the case to trial, a trial judge now has a basis to award fees.ORS 742.061 applies to many, but not all, insured v. insurer suits (where you have to sue your own insurer or your own insurer sues you, over insurance coverage). ORS 742.061 may not apply, for example, to uninsured or underinsured auto claims where the only issues are liability and damages, and the insurer, in writing, consents to binding arbitration within 6 months of the loss. See, Scott v. State Farm Mutual Ins. Co.Disclaimer: Our law firm does not handle home insurance claims. We exclusively handle insurance claims related to auto injuries, trucking accidents, and dog bite cases."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.rizklaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Insured v Insurer: Motivating Insurers","item":"https:\/\/www.rizklaw.com\/blog\/insured-v-insurer-motivating-insurers\/#breadcrumbitem"}]}]