ORS Chapter 742 — Insurance Policies

ORS 742.520. Personal injury protection benefits for motor vehicle liability policies; applicability. (1)(a) Every motor vehicle liability policy issued for delivery in this state that covers any private passenger motor vehicle shall provide personal injury protection benefits to the person insured thereunder, members of that persons family residing in the same household, children not related to the insured by blood, marriage or adoption who are residing in the same household as the insured and being reared as the insureds own, passengers occupying the insured motor vehicle and pedestrians struck by the insured motor vehicle. (b) A transportation network company shall provide a motor vehicle liability policy with personal injury protection benefits to each driver who operates a personal motor vehicle in affiliation with the transportation network company. (c) A taxi company shall provide a motor vehicle liability policy with personal injury protection benefits to each driver who operates a taxi in affiliation with the taxi company. (d) The personal injury protection benefits described in paragraphs (b) and (c) of this subsection must, at all times during which the driver operates the personal motor vehicle or the taxi to provide transportation services to passengers in affiliation with the transportation network company or the taxi company, cover the driver of the personal motor vehicle or taxi, any passengers that occupy the personal motor vehicle or taxi and pedestrians that are struck by the personal motor vehicle or taxi. (e) Notwithstanding paragraphs (b), (c) and (d) of this subsection, an insurer may exclude from a motor vehicle liability policy for a private passenger motor vehicle any coverage, including personal injury protection benefits, for a loss or injury that occurs while a driver is operating a private passenger motor vehicle to provide transportation services for compensation in affiliation with a transportation network company. (2) Personal injury protection benefits apply to a persons injury or death resulting: (a) In the case of the person insured under the policy and members of that persons family residing in the same household, from the use, occupancy or maintenance of any motor vehicle, except the following vehicles: (A) A motor vehicle, including a motorcycle or moped, that is owned or furnished or available for regular use by any of such persons and that is not described in the policy; (B) A motorcycle or moped which is not owned by any of such persons, but this exclusion applies only when the injury or death results from such persons operating or riding upon the motorcycle or moped; and (C) A motor vehicle not included in subparagraph (A) or (B) of this paragraph and, except as provided in paragraph (c) of this subsection, not a private passenger motor vehicle. However, this exclusion applies only when the injury or death results from such persons operating or occupying the motor vehicle. (b) In the case of a passenger occupying or a pedestrian struck by the insured motor vehicle, from the use, occupancy or maintenance of the vehicle. (c) In the case of a person insured under the policy who operates a personal motor vehicle or a taxi with which the person provides transportation services to passengers for compensation in affiliation with a transportation network company or a taxi company, from the use, occupancy or maintenance of the personal motor vehicle or taxi. (3) Personal injury protection benefits consist of payments for expenses, loss of income and loss of essential services as provided in ORS 742.524. (4) An insurer shall pay all personal injury protection benefits promptly after proof of loss has been submitted to the insurer. (5) The potential existence of a cause of action in tort does not relieve an insurer from the duty to pay personal injury protection benefits. (6) Disputes between insurers and beneficiaries about the amount of personal injury protection benefits, or about the denial of personal injury protection benefits, shall be decided by arbitration if mutually agreed to at the time of the dispute. Arbitration under this subsection shall take place as described in ORS 742.521. (7) An insurer: (a) May not enter into or renew any contract that provides, or has the effect of providing, managed care services to beneficiaries. (b) May enter into or renew any contract that provides evaluation services for beneficiaries.