Ivanov v. Farmers Insurance

I

I agree with the majority that the Court of Appeals erred in holding that plaintiffs could not challenge Farmers’ claims review process without producing evidence, in addition to their medical bills, “from which a trier of fact could infer that the claimed expenses were necessarily incurred * * Ivanov v. Farmers Ins. Co., 207 Or App 305, 317, 140 P3d 1189 (2006). Like the majority, I understand plaintiffs’ legal challenge to be focused on the claims review process itself, rather than on whether a particular expense was properly denied. In those circumstances, the statutory question upon…