Mr. Becker said that in tracking bad faith bills this year and last PCI has seen a lot more activity, which he attributes to the election of more Democratic governors and legislators.

Such legislation, he said, is "by and large a high priority of the trial bar," which he noted provides "a large amount of economic support of Democratic candidates."

Such bills that allow for third-party lawsuits, he said, mean "two lawsuits for every accident. That's largely driven by the plaintiff's bar. Not only are they pursuing a claim against the liability insurer for the damages from the auto accident, but they also get a second bite at the apple by alleging bad faith."

He said insurers have been successful in combating such measures because "when we get a chance to educate legislators by explaining the cost involved and the fact that it is duplicative, we're having pretty good luck."

In addition to Oregon, bad faith bills in Iowa, Montana and New Mexico have either been defeated or withdrawn he said.

Currently, among the 10 states where bills are still alive, those of greatest concern to PCI are the District of Columbia, Minnesota and Nevada. "They still have some viability," he said.