You make an insurance claim in Oregon. The company reviews it, gathers information, and then denies it based upon some misstatement in your application. Can the insurance company do that? Maybe. Maybe not.

When you make an insurance claim in the state of Oregon the company who is providing coverage has the right to “accept” it or “deny” it based on the application and information they receive.

With the laws currently on the books in Oregon one mistake can be enough for them to deny your application.  In this state the rules regarding this are not well done.  Many lawyers will personally attest to that.  It has gotten so bad that quite recently the Oregon State Insurance Division has put out a bulletin letting insurance companies know what they consider proper and what they consider improper when reviewing claim applications.

Here are some key points that this department wants to get across to the public and insurers in the state:

1. Intimidation will not be accepted of any kind for people applying for insurance benefits.  This includes attaching large “warnings” on claim forms in bold print in an effort to scare of the person filling it out.
2.  An insurance company cannot just cancel a contract or deny a claim based on one small misstatement.  There must be sufficient evidence or belief that the information provided on the application is downright false or twisted in a way to benefit the person making the claim more than it should.  Claims should not be denied based on minor miscalculations.  The misstatement or concealment must be intentional or must prove that the initial application that was filled out was not accurate.

This can apply to health insurance, life insurance, auto insurance, workers compensation insurance, or property insurance.

When dealing with insurance companies in Oregon it is best to find a lawyer who can help you every step of the way.  You might even want to have one present when you are filling out the claim application so he can guide you.  The risk on having a “misstatement” will be minimal when you have a qualified personal injury attorney with you.

Keep in mind that insurers are in business to collect your premiums, from you or your employer, and to deny as many claims (valid or fraudulent) as they possibly can.  They will do whatever they can within the framework of state law to not give you the benefits that you deserve.  Their history is well documented.  Please, find an attorney who is well versed in all of their tricks and who can throw it right back at them.