Moody v. Oregon Community Credit Union

Summary

The court held that the plaintiff pleaded a legally cognizable common-law negligence claim for emotional-distress damages against her life insurer based on alleged unreasonable investigation and delayed payment of benefits. Although negligence per se is not an independent cause of action and requires an underlying negligence claim, the insurance relationship, statutory claims-processing obligations, and foreseeable emotional harm supported recognition of a legally protected interest. The court affirmed the Court of Appeals, reversed the circuit court’s dismissal and striking of damages allegations, and remanded for further proceedings.