§ 36.1 Introduction

• Library: Insurance Law in Oregon (OSBar) (2020 Ed.)

§ 36.1 INTRODUCTION

Following an insured loss, the insured party must generally comply with the provisions of the policy and cooperate with the insurer's investigation to recover. The provisions usually require the insured to notify the insurer of the loss, to submit proofs of the loss, including supporting documentation, and to provide a recorded statement or examination under oath. In addition, the insured must take steps to mitigate and determine the amount of damages. The insurance policy should be examined to determine if there are additional requirements as each policy is different.

These provisions are typically conditions precedent to the insurer's obligation to perform under the contract. Oregon courts hold that substantial compliance with all the terms and...