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14-35397 - Lorraine Bates, et al v. Bankers Life and Casualty Co, et al


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14-35397 - Lorraine Bates, et al v. Bankers Life and Casualty Co, et al
February 24, 2017
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Filed Order for PUBLICATION (RICHARD R. CLIFTON, MARY H. MURGUIA and JACQUELINE H. NGUYEN) The panel certified the following question of state law to the Oregon Supreme Court: Does a plaintiff state a claim under Oregon Revised Statutes § 124.110(1)(b) for wrongful withholding of money or property where it is alleged that an insurance company has in bad faith delayed the processing of claims and refused to pay benefits owed under an insurance contract? [SEE ORDER FOR FULL TEXT] In an opinion published concurrently with this order, we resolved a separate question of whether our court has jurisdiction to review the district court’s decision to strike the class allegations. All other further proceedings in this case are stayed pending receipt of the answer to the certified question or notification by the Oregon Supreme Court that it declines to answer the certified question. The parties shall notify this court within ten days after the Oregon Supreme Court accepts or rejects certification. In the event that the Oregon Supreme Court accepts certification, the parties shall file a joint status report with this court six months after the date of acceptance and every six months thereafter, or within ten days of the Oregon Supreme Court’s decision, whichever is earlier. The Clerk shall file a certified copy of this order with the Oregon Supreme Court under Oregon Revised Statutes § 28.215. The Clerk shall also provide a copy of the record in this case, in whole or in part, to the Oregon Supreme Court upon request. IT IS SO ORDERED. [10331806]
February 24, 2017
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Filed per curiam opinion (RICHARD R. CLIFTON, MARY H. MURGUIA and JACQUELINE H. NGUYEN) Appeal DISMISSED in part for lack of jurisdiction. [10331807]