Oregon Law
Law as of Jan 1, 2024
Chapter contents
742.001Scope of ORS chapters 742, 743, 743A and 743B 742.003Filing and approval of policy forms; rules 742.004Exemptions from requirement to file rates and policy forms; application to consumer insurance; sample disclosure notice; rules 742.005Grounds for disapproval of policy forms 742.007Director’s withdrawal of approval 742.008Health savings account exemption from prohibition on deductible 742.009Regulation of sales material; rules 742.010[Amended by 1953 c.718 §3; 1959 c.281 §1; 1965 c.611 §2; 1967 c.359 §654; renumbered 750.005] 742.011Insurable interest in property 742.013Representations in applications 742.015[1965 c.611 §3; 1967 c.359 §655; renumbered 750.015] 742.016Policy constitutes entire contract; oral representations by insured 742.018Provision for construction according to foreign law prohibited 742.020[Amended by 1965 c.611 §4; repealed by 1967 c.359 §704] 742.021Standard provisions in general 742.023Contents of policies in general 742.025[1965 c.611 §5; 1967 c.359 §656; renumbered 750.025] 742.026Underwriters’ and combination policies 742.028Additional policy contents 742.030[Repealed by 1967 c.359 §704] 742.031Bankruptcy clause required in certain liability policies 742.033Charter and bylaw provisions 742.035[1965 c.611 §19; 1967 c.359 §657; renumbered 750.035] 742.036Assessment policies, special contents 742.038Validity and construction of noncomplying forms 742.040[Amended by 1965 c.611 §6; repealed by 1967 c.359 §704] 742.041Permissible classes of insurance in one policy 742.043Binders 742.045[1953 c.605 §3; 1965 c.611 §7; repealed by 1967 c.359 §704] 742.046Delivery of policy; website posting as alternative to delivery 742.048Effective date and time of coverage; applicability 742.050[Amended by 1955 c.372 §1; 1957 c.4 §1; 1965 c.611 §8; 1967 c.359 §658; renumbered 750.045] 742.051Renewal by certificate 742.053Forms for proving loss; responsibility of insurer; proof of loss covered under policy of fire insurance; requirements for insurer in instances of total loss related to major disaster; rules 742.055[1955 c.236 §1; 1965 c.611 §9; repealed by 1967 c.359 §704] 742.056Certain conduct not deemed waiver 742.058Return of premium on destruction of property 742.060[Amended by 1965 c.611 §10; repealed by 1967 c.359 §704] 742.061Recovery of attorney fees in action on policy or contractor’s bond 742.063Filing and approval of liability form that includes cost of defense within limits of liability 742.065Insurance against risk of loss assumed under less than fully insured employee health benefit plan 742.070[Amended by 1955 c.372 §2; 1965 c.611 §11; repealed by 1967 c.359 §704] 742.080[1953 c.605 §3; 1965 c.611 §12; repealed by 1967 c.359 §704] 742.090[1965 c.611 §13; repealed by 1967 c.359 §704] 742.100[1965 c.611 §7a; repealed by 1967 c.359 §704] 742.110[1965 c.35 §4; repealed by 1967 c.359 §704] 742.120[1965 c.573 §5; repealed by 1967 c.359 §704] 742.150Approval by director; limitations on authority of insurer; definition 742.152Limitations on applicability of ORS 742.150 742.154Factors to be considered by director in determining whether to approve assumption reinsurance agreement 742.156Notice of transfer under assumption reinsurance agreement 742.158Rejection of transfer by policyholder; payment of premium as acceptance of transfer; failure of policyholder to respond to notice 742.160Effect of novation of policy under assumption reinsurance agreement 742.162Transfer and novation of policy effected by director 742.200Fire insurance not to exceed value of property insured 742.202Standard fire insurance policy 742.204Exceptions to standard fire insurance policy requirements 742.206Insuring agreement 742.208Concealment; fraud; representations by insured 742.210Uninsurable and excepted property 742.212Perils not included 742.214Other insurance 742.216Conditions suspending insurance 742.218Additional perils insured 742.220Added provisions 742.222Waiver provisions 742.224Cancellation 742.226Mortgagee interest and obligation of mortgagee 742.228Pro rata liability of insurer 742.230Requirements in case loss occurs 742.232Appraisal 742.234Insurer’s options 742.236Abandonment 742.238When loss payable 742.240Suit on policy 742.242Subrogation 742.244Coverage for loss from nuclear reaction or radiation 742.246Other fire insurance policy provisions permitted 742.248Mutual fire insurers policyholders’ liability; nonassessable policies 742.250Mutual fire insurer’s action to recover assessment 742.252Mutual fire insurers; withdrawal of members 742.254Mutual fire insurance policy cancellation 742.260Cancellation of homeowner or fire policy; coverage for child care; definition 742.270Repair, rebuilding or replacement of property under homeowner insurance policy; requirements for insurer; prohibited policy provisions 742.273Property losses in locations subject to declarations of emergency; required provisions of homeowner insurance policy; limits on payments 742.276Estimates of cost to rebuild or replace covered property 742.277Notice of cancellation, nonrenewal or rate change related to wildfire risk; risks and remedies; additional requirements; rules 742.278Prohibition on uses of map of wildfire risk or exposure 742.280Home protection insurance; rules 742.282Limitations on issuance of mortgage insurance 742.284Insured obligations as legal investments and securities for deposit 742.286Mortgage insurance; who may write 742.300[Formerly 743.720; repealed by 1993 c.265 §14] 742.302[Formerly 743.723; repealed by 1993 c.265 §14] 742.350Bonds, undertakings and other obligations required by law may be executed by surety insurers 742.352Reimbursement of private persons required to give bond, letter of credit or other obligation 742.354Reimbursement of public officials required to give bond or letter of credit 742.356Surety insurer may take measures to reduce risk of loss 742.358Release of surety on official bonds by action of obligee 742.360Release of surety on bond of public official by action of surety 742.362Release of surety on depository bond; provision required in such bonds 742.364Fixing amount of new bond after release from original 742.366Cancellation of bond by surety 742.368Surety insurer may not deny power to execute bond; construction of policies 742.370Bond construed as including omitted statutory provisions 742.372Guaranteed arrest bond certificate 742.374Surety may issue guaranteed arrest bond certificate not to exceed $1,000 742.376Requirements to issue guaranteed arrest bond certificate 742.390Reimbursement insurance policy; contents; definitions 742.392Termination of reimbursement insurance policy 742.400Duty to report claim of professional negligence to licensing board; contents of report; public disclosure and posting of reports 742.405Conditions for issuance of medical malpractice insurance 742.407Prohibition against refusing defense or indemnification of health practitioner or health care facility based on disclosure of adverse event or participation in discussion or mediation 742.420[2007 c.272 §2; 2014 c.45 §75; 2017 c.356 §94; renumbered 735.631 in 2023] 742.422[2007 c.272 §3; renumbered 735.632 in 2023] 742.424[2007 c.272 §4; renumbered 735.633 in 2023] 742.426[2007 c.272 §5; renumbered 735.634 in 2023] 742.428[2007 c.272 §6; renumbered 735.636 in 2023] 742.430[2007 c.272 §7; renumbered 735.637 in 2023] 742.432[2007 c.272 §8; renumbered 735.638 in 2023] 742.434[2007 c.272 §9; renumbered 735.639 in 2023] 742.436[2007 c.272 §10; renumbered 735.641 in 2023] 742.438[2007 c.272 §11; renumbered 735.642 in 2023] 742.440[2007 c.272 §12; renumbered 735.643 in 2023] 742.447Proof of insurance 742.449Prohibition on assignment to high risk category on certain grounds 742.450Contents of motor vehicle liability policy; permitted exclusions; rules 742.454Liabilities that need not be covered 742.456When insurer’s liability accrues; nonforfeiture provisions 742.458General provisions governing liability policies 742.460Insurer’s right to provide for reimbursement and proration 742.462Insurer’s right to settle claims 742.464Excess coverage permitted; combining policies to meet requirements 742.466Disputes over coverage for physical damage; independent appraisal; rules 742.468Certain policies not considered motor vehicle liability policies 742.480Appropriate premium charge reduction for certain motorcycle insurance policies 742.483Effective period for premium reduction 742.486Issuance and presentation of certificates for motorcycle rider education course 742.490Premium reduction; conditions; application 742.492Duration of reduction 742.494Certification of completion of course 742.496Limitation on qualification for discount 742.500Definitions for ORS 742.500 to 742.506 742.502Uninsured motorist coverage; underinsurance coverage 742.504Required provisions of uninsured motorist coverage 742.505Arbitration procedures under ORS 742.504 742.506Allocation of responsibility among insurers 742.508Definitions for ORS 742.508 and 742.510 742.510Property damage coverage for damage to vehicle caused by uninsured vehicle 742.518Definitions for ORS 742.518 to 742.542 742.520Personal injury protection benefits for motor vehicle liability policies; applicability 742.521Conditions applicable to arbitration proceedings 742.522Binding arbitration under ORS 742.520; costs 742.524Contents of personal injury protection benefits; deductibles 742.525Provider charges 742.526Primary nature of benefits 742.528Notice of denial of payment of benefits 742.529Payment based on incorrect determination of responsibility; notice; repayment 742.530Exclusions from coverage 742.532Benefits may be more favorable than those required by ORS 742.520, 742.524 and 742.530 742.534Reimbursement of other insurers paying benefits; arbitrating issues of liability and amount of reimbursement 742.536Notice of claim or legal action to insurer; insurer to elect manner of recovery of benefits furnished; lien of insurer 742.538Subrogation rights of insurers to certain amounts received by injured person; recovery actions against persons causing injury 742.540Rules 742.542Effect of personal injury protection benefits paid 742.544Reimbursement for benefits paid 742.546Required disclosure in release for bodily injuries related to personal injury protection benefits 742.548Required language in disclosure; conditions for rescission of release 742.554Disclosures required by insurer to motor vehicle owner when insurer declares vehicle total loss 742.558Dispute resolution process for total loss vehicles 742.560Definitions for ORS 742.560 to 742.572 742.562Grounds for cancellation of policies; notice required; applicability 742.564Manner of giving cancellation notice 742.566Renewal of policies; replacement policy in lieu of renewal; requirements for refusal to renew 742.568Proof of cancellation, replacement or nonrenewal notice 742.570Notifying insured under canceled or unrenewed policy of eligibility for participation in insurance pool 742.572Immunity from liability of persons furnishing information regarding cancellation or nonrenewal of policies 742.580Report of cancellation, nonrenewal or issuance of motor vehicle liability policy 742.585Definitions for ORS 742.585 to 742.600 742.590Personal vehicle sharing program requirements 742.595Assumption of liability; exceptions; indemnification; prohibition on policy cancellation 742.600Limitation on insurance policy reclassification for personal vehicle sharing program vehicle 742.690Limitations on cancellation; refusal to issue or renew insurance 742.700Definitions for ORS 742.700 to 742.710 742.702Grounds for cancellation; notice 742.704Hearing 742.706Renewal; nonrenewal 742.708Proof of receipt of notice 742.710Exemptions from provisions of ORS 742.700 to 742.708

Chapter 742 — Insurance Policies Generally; Property and Casualty Policies

ORS 742.526 Primary nature of benefits

(1)

The personal injury protection benefits with respect to:

(a)

The insured and members of the family of the insured residing in the same household injured while occupying the insured motor vehicle shall be primary.

(b)

Passengers injured while occupying the insured motor vehicle shall be primary.

(c)

The insured and members of family residing in the same household injured as pedestrians shall be primary.

(d)

The insured and members of family residing in the same household injured while occupying a motor vehicle not insured under the policy shall be excess.

(e)

Pedestrians injured by the insured motor vehicle, other than the insured and members of family residing in the same household, shall be excess over any other collateral benefits to which the injured person is entitled, including but not limited to insurance benefits, governmental benefits or gratuitous benefits.

(2)

The personal injury protection benefits may be reduced or eliminated, if it is so provided in the policy, when the injured person is entitled to receive, under the laws of this state or any other state or the United States, workers’ compensation benefits or any other similar medical or disability benefits.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.