BATES v. BANKERS LIFE AND CAS. CO.

No. 14-35397.

849 F.3d 846 (2017)

Lorraine BATES; Charles Ehrman Bates; Eileen Burke; Jaci Evans, as Successor Personal Representative for the Estate of Thomas Marier; and Dalla Francis, as Personal Representative for the Estate of George Alexander, Plaintiffs-Appellants, v. BANKERS LIFE AND CASUALTY COMPANY, an Illinois insurance company; CNO Financial Group, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 2017.


Attorney(s) appearing for the Case

Rachele R. Selvig (argued) and Christopher L. Cauble , Cauble & Cauble LLP, Grants Pass, Oregon; Michael L. Williams and Leslie W. O'Leary , Williams O'Leary LLC, Portland, Oregon; for Plaintiffs-Appellants.

Adam J. Kaiser (argued), Jeffrey J. Amato , and Matthew A. Stark , Winston & Strawn LLP, New York, New York; Ilan Wurman , Winston & Strawn LLP, Washington, D.C.; Vicki L. Smith , Lane Powell PC, Portland, Oregon; for Defendants-Appellants.

Before: Richard R. Clifton, Mary H. Murguia, and Jacqueline H. Nguyen, Circuit Judges.


ORDER

Pursuant to Oregon Revised Statutes § 28.200, we certify to the Oregon Supreme Court the following question:

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?

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