1. (1) As used in this rule:

   1. (a) “Actual damages” means reasonably foreseeable losses.
   2. (b) “Consumer” means an insured under a policy that is the subject of the enforcement action.
   3. (c) “Equitable relief” means injunctive relief, specific performance of a contract provision or specific performance of a provision of the Insurance Code or rules implementing the Insurance Code or applicable federal law.

2. (2) The Director of the Department of Consumer and Business Services:

   1. (a) May seek restitution of actual damages or other equitable relief on a consumer’s behalf only when the director takes an action against an insurer under ORS 731.256(1).
   2. (b) Will not seek relief under subsection (a) of this section for any consumer who is entitled to a remedy under ORS Chapter 656; and
   3. (c) May reduce actual damages upon a showing that the consumer has failed to reasonably mitigate damages.

Statutory/Other Authority

ORS 731.244

Statutes/Other Implemented

ORS 731.256

History

ID 10-2014, f. & cert. ef. 6-20-14
ID 8-2013(Temp), f. & cert. ef. 12-31-13 thru 6-20-14