(2)(a)(A) Independent counsel retained by the insurer to defend the insured under the provisions of this section must be experienced in handling the type and complexity of the environmental claim at issue.
(B) If independent counsel who meet the requirements specified in this paragraph are not available within the insured’s community, then independent counsel from outside the insured’s community who meet the requirements of this paragraph must be considered.
(b)(A) An insurer may retain environmental consultants to assist an independent counsel described in subsection (1) of this section. Any environmental consultants retained by the insurer must be experienced in responding to the type and complexity of the environmental claim at issue.
(B) If environmental consultants who meet the requirements specified in this paragraph are not available within the insured’s community, then environmental consultants from outside the insured’s community who meet the requirements of this paragraph must be considered.
(c) As used in this subsection, "experienced" means an established environmental practice that includes substantial defense experience in the type and complexity of environmental claim at issue.
(3)(a) The obligation of the insurer to pay fees to independent counsel and environmental consultants is based on the regular and customary rates for the type and complexity of environmental claim at issue in the community where the underlying claim arose or is being defended.
(b) In the event of a dispute concerning the selection of independent counsel or environmental consultants, or the fees of the independent counsel or an environmental consultant, either party may request that the other party participate in nonbinding environmental claim mediation described in ORS 465.484 (2).
(4) The provisions of this section do not relieve the insured of its duty to cooperate with the insurer under the terms of the insurance contract. [2013 c.350 §7]
Structure 2021 Oregon Revised Statutes
Volume : 13 - Housing, Games, Environment
Chapter 465 - Hazardous Waste and Hazardous Materials I
Section 465.003 - Definitions for ORS 465.003 to 465.034.
Section 465.027 - Contract for assistance with higher education institution.
Section 465.032 - Form of implementation summary; information required.
Section 465.034 - Application of ORS 465.003 to 465.034.
Section 465.101 - Definitions for ORS 465.101 to 465.131.
Section 465.112 - Amounts held in trust; enforcement.
Section 465.117 - Records of petroleum products transactions; inspection by Department of Revenue.
Section 465.200 - Definitions for ORS 465.200 to 465.545.
Section 465.205 - Legislative findings.
Section 465.210 - Authority of department for removal or remedial action.
Section 465.215 - List of facilities with confirmed release.
Section 465.220 - Comprehensive statewide identification program; notice.
Section 465.230 - Removal of facilities from inventory; criteria.
Section 465.260 - Removal or remedial action; reimbursement of costs; liability; damages.
Section 465.270 - Legislative findings and intent.
Section 465.275 - Remedial action and financial assistance program; contracts for implementation.
Section 465.285 - Requirements for financial assistance; contents of agreements.
Section 465.330 - State remedial action costs; payment; effect of failure to pay.
Section 465.335 - Costs, penalties and damages as lien; enforcement of lien.
Section 465.340 - Contractor liability; indemnification.
Section 465.375 - Monthly fee of operators; amount; use of moneys.
Section 465.376 - Special hazardous waste management fees; use of fees.
Section 465.400 - Rules; designation of hazardous substance.
Section 465.405 - Rules; "confirmed release"; "preliminary assessment."
Section 465.420 - Remedial Action Advisory Committee.
Section 465.430 - Legislative findings.
Section 465.435 - Rules relating to exemption from liability for security interest holder.
Section 465.475 - Definitions for ORS 465.475 to 465.484.
Section 465.481 - General liability insurance policies; assignment.
Section 465.483 - General liability insurance policies; duty to defend; environmental consultants.
Section 465.507 - Dry cleaning advisory group.
Section 465.517 - Annual fee and gross revenue fee for dry cleaning facilities.
Section 465.520 - Fee on sale or transfer of dry cleaning solvent; exemption.
Section 465.523 - Fee on use of dry cleaning solvent.
Section 465.525 - Calculation of fee for partial gallons; refund or credit.
Section 465.536 - Late charges; enforcement by Department of Revenue.
Section 465.545 - Suspension of dry cleaning fees; recommendation to Legislative Assembly.
Section 465.550 - Definitions for ORS 465.550 and 465.555.
Section 465.600 - Definitions for ORS 465.600 to 465.621.
Section 465.603 - Procedure to create public authority.
Section 465.606 - Board of directors; rules; quorum; personnel.
Section 465.609 - General powers; advisory committees; notice of land disposition; report.
Section 465.612 - Obligations of authority not obligations of local government; exception.
Section 465.615 - Exemption from taxation.
Section 465.618 - Remedial action costs; recovery.
Section 465.621 - Dissolution.
Section 465.900 - Civil penalties for violation of removal or remedial actions.