Magistrate Judge Russo Allows Plaintiffs’ Motion to Amend to Include a Prayer for Punitive Damages

In her Findings and Recommendation dated November 4, 2025, view opinion here, Judge Jolie A. Russo granted plaintiffs’ motion for leave to amend to include a prayer for punitive damages. Judge Russo’s opinion acknowledges that punitive damages can be available to remedy a homeowners insurance provider’s violations of the duty of care it owes to all of its Oregon policyholders pursuant to Or. Rev. Stat. § 746.230(1).

Plaintiffs Art and Marisol Aguilar own a home in Portland that suffered significant damage from an accidental fire on July 4, 2023. Ten months after the loss, plaintiffs filed an action against their property insurer Homesite in Multnomah County Circuit Court. Plaintiffs’ state-court complaint included an express allegation that the plaintiffs planned to amend their complaint to include a prayer for punitive damages. Homesite removed the action to federal court.

Approximately one year later, plaintiffs timely filed a Federal Civil Procedure Rule 15 motion to amend their pleading to include a prayer for punitive damages. Defendant opposed the motion as untimely and futile. See Foman v. Davis, 371 U.S. 178, 182 (1962). Judge Russo found that the Foman factors were in plaintiffs’ favor, and granted plaintiffs’ motion to amend.

In his opinion dated November 20, 2024, view opinion here, Judge Michael Simon (noting no filing of objections) adopted Judge Russo’s Findings and Recommendation.