Providence Health & Services v. Mancuso

It is an unlawful practice if in the course of a person’s business, vocation, or occupation the person “disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact.” ORS 646.608(1)(h).

Following Decedent’s death, his Health Insurance Provider informed his Estate that the Hospital had been paid in full, even though $435,502.17 remained unpaid. The Hospital sought to recover this balance, and brought suit against the Estate as well as the Insurance Provider. The Hospital appealed the trial court's grant of summary judgment in favor of the Estate and Insurance Provider, alleging the Insurance Provider engaged in unlawful trade practices by making false and misleading representations of fact regarding their service charges. It is an unlawful practice if in the course of a person’s business, vocation, or occupation the person, “disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact.” ORS 646.608(1)(h). There was a genuine issue of material fact as to whether the Insurance Provider made false or misleading representations of fact, and the Employee Retirement Security Act did not preempt the Hospital’s requested relief. Additionally, because the Hospital is a corporation, it was an eligible party to make this claim, and it has identified ascertainable losses with regard to the Decedent’s medical expenses as well as litigation costs. Therefore, it was improper to award summary judgment against the Hospital. Reversed in part and remanded.