Warm Springs Forest Products Industries v. Employee Benefits Insurance

In Mountain Fir Lbr. Co. v. EBI Co., 296 Or 639, 679 P2d 296 (1984), we held that an insurer’s oral promise to rebate part of the premium for workers’ compensation coverage could not be enforced by the insured, because the promise was not “plainly expressed in the policy,” as required by ORS 746.035.1 We remanded the present case, in which the same insurer had made similar promises, to the Court of Appeals for consideration of a claim by the insured, an enterprise owned and operated by the Confederated Tribes of the Warm Springs Reservation of Oregon, that the prohibition against rebates did…