justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 742 — Insurance Policies

ORS 742.500. Definitions for ORS 742.500 to 742.506. As used in ORS 742.500 to 742.506: (1) Bodily injury has the meaning given that term in ORS 742.504. (2) Insured has the meaning given that term in ORS 742.504. (3)(a) Motor vehicle means every self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a public highway. (b) Motor vehicle does not include: (A) A device used exclusively on stationary rails or tracks; (B) Motor trucks, as defined in ORS 801.355, that have a registration weight, as defined in ORS 803.430, of more than 8,000 pounds, if the insured has employees that operate the trucks and a workers compensation law, a disability benefits law or a similar law covers the employees; or (C) Farm-type tractors or self-propelled equipment designed for use principally off public highways. (4) Sums that the insured or the heirs or legal representative of the insured is legally entitled to recover as damages has the meaning given that term in ORS
ORS Chapter 742 — Insurance Policies

ORS 742.505. Arbitration procedures under ORS 742.504. Unless the parties agree otherwise, arbitration proceedings under ORS 742.504 shall be conducted as follows: (1) Parties to an arbitration proceeding shall submit the dispute to arbitration by a panel of three arbitrators. The panel shall consist of one arbitrator chosen by each party and one arbitrator chosen by the two arbitrators previously chosen to sit on the panel. (2) An arbitration proceeding shall be conducted under local court rules in the county where the arbitration is held. [2007 c.328 2] Note:
ORS Chapter 742 — Insurance Policies

ORS 742.506. Allocation of responsibility among insurers. Notwithstanding the contrary provisions of any policy, the provisions of ORS 742.504 (9) shall control allocation of responsibility between insurers, except that if all policies potentially involved expressly allocate responsibility between insurers, or self-insurers, without repugnancy, then the terms of the policies shall control.
ORS Chapter 742 — Insurance Policies

ORS 742.510. Property damage coverage for damage to vehicle caused by uninsured vehicle. (1) Every insurer issuing motor vehicle liability insurance policies on private passenger motor vehicles or on self-propelled mobile homes for delivery in this state shall have for sale coverage for property damage to a vehicle of the insured caused by an uninsured vehicle. Coverage offered under this section shall be at least the amount prescribed to meet the requirements of ORS 806.070 for insurance for injury to or destruction of the property of others in any one accident. (2) A policy with the coverage described in this section does not cover the first $300 of property damage to the covered motor vehicle as the result of an accident with a hit-and-run vehicle or phantom vehicle. In all other cases the first $200 damage is not covered. (3) Coverage for property damage described in this section: (a) Applies only to the amount of damages the insured may be legally entitled to recover. (b) Does not include coverage for loss of use of the covered vehicle. [Formerly 743.797; 1991 c.768 5] Note: See note under
ORS Chapter 742 — Insurance Policies

ORS 742.518. (8) Private passenger motor vehicle means a four-wheel passenger or station wagon type motor vehicle not used as a public or livery conveyance, and includes any other four-wheel motor vehicle of the utility, pickup body, sedan delivery or panel truck type not used for wholesale or retail delivery other than farming, a self-propelled mobile home and a farm truck. (9) Proof of loss means documentation that allows an insurer to determine whether a person is entitled to personal injury protection benefits and the amount of any benefit that is due. (10) Provider has the meaning given that term in ORS 743B.001. (11) Taxi company means a corporation, limited liability company, partnership or other association that provides transportation services for compensation that passengers may request by means of telephone, software applications, websites or other Internet-based electronic technology or by visible, audible or otherwise physically perceptible signaling directly to a hired driver who provides the transportation services with a motor vehicle that the hired driver: (a) Owns and operates in affiliation with the corporation, limited liability company, partnership or other association; (b) Leases or rents from the corporation, limited liability company, partnership or other association; or (c) Has other authorization from the corporation, limited liability company, partnership or other association to use for the purposes described in this subsection. (12) Transportation network company means a corporation, limited liability company, partnership or other association that provides a software or digital application, the express purpose of which is to connect to the Internet and enable a prospective passenger to seek and obtain transportation services from a driver who operates a personal motor vehicle for the purpose of providing transportation services for compensation in affiliation with the corporation, limited liability company, partnership or other association.
ORS Chapter 742 — Insurance Policies

ORS 742.521. Conditions applicable to arbitration proceedings. (1) Arbitration proceedings under ORS 742.520 shall be conducted under local court rules in the county where the arbitration is held. (2) Findings and awards made in an arbitration proceeding under this section: (a) Are binding on the parties to the arbitration proceeding; (b) Are not binding on any other party; and (c) May not be used for the purpose of collateral estoppel. [2007 c.328 3] Note:
ORS Chapter 742 — Insurance Policies

ORS 742.522. Binding arbitration under ORS 742.520; costs. (1) Costs to the insured of the arbitration proceeding under ORS 742.520 (6) shall not exceed $100 and all other costs of arbitration shall be borne by the insurer. (2) As used in this section, costs does not include attorney fees or expenses incurred in the production of evidence or witnesses or the making of transcripts of the arbitration proceedings.
ORS Chapter 742 — Insurance Policies

ORS 742.525. Provider charges. (1) Except as provided in subsection (2) of this section, a provider shall charge a person who receives personal injury protection benefits or that persons insurer the lesser of: (a) An amount that does not exceed the amount the provider charges the general public; or (b) An amount that does not exceed the fee schedules for medical services published pursuant to ORS 656.248 for expenses of medical, hospital, dental, surgical and prosthetic services. (2) For expenses of hospital services that are subject to the adjusted cost-to-charge ratio specified for a hospital in the hospital fee schedule published pursuant to ORS 656.248, a provider of hospital services shall charge a person who receives personal injury protection benefits or that persons insurer the greater of: (a) The amount of the hospital charges multiplied by the adjusted cost-to-charge ratio specified for the hospital; or (b) Ninety percent of the hospital charges.
ORS Chapter 742 — Insurance 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. [Formerly 743.810]
ORS Chapter 742 — Insurance Policies

ORS 742.528. Notice of denial of payment of benefits. An insurer who denies payment of personal injury protection benefits to or on behalf of an insured shall: (1) Provide written notice of the denial, within 60 calendar days of receiving a claim from the provider, to the insured, stating the reason for the denial and informing the insured of the method for contesting the denial; and (2) Provide a copy of the notice of the denial, within 60 calendar days of receiving a claim from the provider, to a provider of services under ORS
ORS Chapter 742 — Insurance Policies

ORS 742.529. Payment based on incorrect determination of responsibility; notice; repayment. If personal injury protection benefits are paid based on information that appeared to establish proof of loss and the insurer paying the benefits later determines the insurer was not responsible for the payment, the insurer shall give notice and explanation to the provider that the payment was incorrectly issued. Immediately after receiving the notice and explanation the provider shall promptly repay the insurer.
ORS Chapter 742 — Insurance Policies

ORS 742.530. Exclusions from coverage. (1) The insurer may exclude from the coverage for personal injury protection benefits any injured person who: (a) Intentionally causes self-injury; (b) Is participating in any prearranged or organized racing or speed contest or practice or preparation for any such contest; or (c) Willfully conceals or misrepresents any material fact in connection with a claim for personal injury protection benefits. (2) The insurer may exclude from the coverage for the benefits required by ORS
ORS Chapter 742 — Insurance Policies

ORS 742.532. Benefits may be more favorable than those required by ORS 742.520, 742.524 and
ORS Chapter 742 — Insurance Policies

ORS 742.534. Reimbursement of other insurers paying benefits; arbitrating issues of liability and amount of reimbursement. (1) Except as provided in ORS 742.544, every authorized motor vehicle liability insurer whose insured is or would be held legally liable for damages for injuries sustained in a motor vehicle accident by a person for whom personal injury protection benefits have been furnished by another such insurer, or for whom benefits have been furnished by an authorized health insurer, shall reimburse such other insurer for the benefits it has so furnished if it has requested such reimbursement, has not given notice as provided in ORS 742.536 that it elects recovery by lien in accordance with that section and is entitled to reimbursement under this section by the terms of its policy. Reimbursement under this subsection, together with the amount paid to injured persons by the liability insurer, shall not exceed the limits of the policy issued by the insurer. (2) In calculating such reimbursement, the amount of benefits so furnished shall be diminished in proportion to the amount of negligence attributable to the person for whom benefits have been so furnished, and the reimbursement shall not exceed the amount of damages legally recoverable by the person. (3) Disputes between insurers as to such issues of liability and the amount of reimbursement required by this section shall be decided by arbitration. (4) Findings and awards made in such an arbitration proceeding are not admissible in any action at law or suit in equity. (5) If an insurer does not request reimbursement under this section for recovery of personal injury protection payments, then the insurer may only recover personal injury protection payments under the provisions of ORS 742.536 or 742.538.
ORS Chapter 742 — Insurance Policies

ORS 742.536. Notice of claim or legal action to insurer; insurer to elect manner of recovery of benefits furnished; lien of insurer. (1) If an authorized motor vehicle liability insurer has furnished personal injury protection benefits, or an authorized health insurer has furnished benefits, to a person who was injured in a motor vehicle accident and the injured person makes a claim, or brings legal action, for damages for injuries against any other person, the injured person shall give notice of the claim or legal action to the insurer by personal service or by registered or certified mail. Service of a copy of the summons and complaint or copy of other process served in connection with the legal action is sufficient notice to the insurer, in which case a return showing service of the notice must be filed with the clerk of the court but is not a part of the record except to give notice. (2) An insurer may elect to seek reimbursement as provided in this section for benefits the insurer has furnished to the injured person out of any recovery the injured person obtains from a claim or legal action if the insurer has not been a party under ORS 742.534 to an interinsurer reimbursement proceeding with respect to benefits the insurer furnished to the injured person and the insurer is entitled by the terms of the insurers policy to the benefit of this section. The insurer shall give written notice of an election under this subsection by personal service or by registered or certified mail within 30 days after receiving the notice or knowledge of the claim or legal action to the person who made the claim or brought the legal action and to the person against whom the injured person made a claim or brought legal action. In the case of a legal action, a return showing service of the notice of election must be filed with the clerk of the court but is not a part of the record except to give notice to the claimant and the defendant of the lien of the insurer. (3) If the insurer serves a written notice of the insurers election under subsection (2) of this section and, if applicable, files a return showing service: (a) Subject to ORS 742.544, an insurer has a lien, for not more than the amount of benefits the insurer furnished, against an injured persons recovery in an action for damages, less a proportionate amount of not more than 100 percent of the expenses, costs and attorney fees the injured person incurred in connection with the recovery. The proportionate amount must be calculated as the ratio between the amount of the lien before a reduction under this paragraph and the amount of the recovery. (b) The injured person shall include the benefits the insurer furnished as damages in a claim or legal action. (c) In the case of a legal action, the action must be taken in the name of the injured person. (4) As used in this section, makes a claim means delivers a written demand for a specific amount of damages that meets requirements reasonably established by the directors rule.
ORS Chapter 742 — Insurance Policies

ORS 742.538. Subrogation rights of insurers to certain amounts received by injured person; recovery actions against persons causing injury. If a motor vehicle liability insurer has furnished personal injury protection benefits, or a health insurer has furnished benefits, to a person who was injured in a motor vehicle accident and the interinsurer reimbursement benefit of ORS 742.534 is not available under the terms of that section, the insurer has not elected recovery by lien as provided in ORS 742.536, and the insurer is entitled by the terms of the insurers policy to the benefit of this section: (1) Subject to ORS 742.544, the insurer is entitled to the proceeds of any settlement or judgment that results from the exercise of any rights of recovery the injured person has against any person legally responsible for the accident, to the extent of the benefits the insurer furnished less the insurers share of expenses, costs and attorney fees the injured person incurred in connection with the recovery. (2) The injured person shall hold in trust for the benefit of the insurer the amount to which the insurer is entitled under this section, which may not exceed the amount of benefits the insurer furnished. (3) The injured person shall do whatever is proper to secure, and may not prejudice, the rights an insurer has under this section. (4) If requested in writing by the insurer, the injured person shall take, in the injured persons name and through any representative the insurer designates who is not in conflict in interest with the injured person, such action as is necessary or appropriate to recover the amounts to which the insurer is entitled under this section, including amounts for the injured persons share of expenses, costs and attorney fees that the insurer incurred in connection with the recovery. (5) In calculating respective shares of expenses, costs and attorney fees under this section, the basis of allocation must be the respective proportions borne to the total recovery by: (a) Benefits the insurer furnished; and (b) The total recovery less the benefits the insurer furnished. (6) The injured person shall execute and deliver to the insurer instruments and papers as are appropriate to secure the rights and obligations of the insurer and the injured person as established by this section. (7) Any provisions in a motor vehicle liability insurance policy or health insurance policy giving rights to the insurer relating to subrogation or the subject matter of this section must be construed and applied in accordance with the provisions of this section.
ORS Chapter 742 — Insurance Policies

ORS 742.540. Rules. The Director of the Department of Consumer and Business Services shall have authority to issue such rules as are reasonably necessary to carry out the purposes of ORS 742.518 to 742.542. [Formerly 743.833]
ORS Chapter 742 — Insurance Policies

ORS 742.542. insurers applicable limits of liability, the rights of an insurer furnishing personal injury protection to recover payments made for medical benefits from the motor vehicle liability insurer are not impaired. (2) Nothing in this section impairs the rights of a motor vehicle liability insurer to contest a recovery claim from an insurer furnishing personal injury protection, based upon liability or the reasonableness or necessity of medical benefits paid by the insurer furnishing personal injury protection. [2009 c.545 2] Note:
ORS Chapter 742 — Insurance Policies

ORS 742.544. Reimbursement for benefits paid. (1)(a) As used in this subsection, total amount of the recovery means the amount that a person injured in a motor vehicle accident recovers from: (A) Underinsured motorist benefits described in ORS 742.502 (2); (B) Liability insurance coverage the injured person receives from other parties involved in the motor vehicle accident; (C) Personal injury protection benefits or health insurance benefits; and (D) Any other payment by or on behalf of the party that caused the motor vehicle accident. (b) An insurer may not receive a reimbursement or subrogation for personal injury protection benefits or health benefits the insurer provided to a person injured in a motor vehicle accident from any recovery the injured person obtains in an action for damages except to the extent that: (A) The injured person first receives full compensation for the injured persons injuries; and (B) The reimbursement or subrogation is paid only from the total amount of the recovery in excess of the amount that fully compensates for the injured persons injuries. (2) For purposes of this section, the following rebuttable presumptions apply: (a) The amount of any judgment that an injured person obtains is the amount necessary to fully compensate for the injured persons injuries. (b) An injured person has received full compensation for the injured persons injuries if the amount of the recovery is less than the coverage available to the injured person from the sum of benefits paid under another persons motor vehicle liability policy, under an underinsured motorist policy described in ORS 742.502 (2), as personal injury protection payments and from any other source of payment from or on behalf of the party whose fault caused the injuries. (c) An injured person has not received full compensation for the injured persons injuries if the injured person recovers an amount that is equal to the coverage available to the injured person from the sum of benefits paid under another persons motor vehicle liability policy, under an underinsured motorist policy described in ORS 742.502 (2), as personal injury protection payments and from any other source of payment from or on behalf of the party whose fault caused the injuries. (3) An insurer may not deny or refuse to provide benefits that are otherwise available to an injured person because of the potential the injured person has to make a claim or bring an action against another person or enter into a settlement with another person. (4) A person with whom an injured person enters into a settlement or from whom the injured person obtains a judgment in connection with a claim or action may not name an insurer that seeks a reimbursement or subrogation under ORS 742.536 or
ORS Chapter 742 — Insurance Policies

ORS 742.546. Required disclosure in release for bodily injuries related to personal injury protection benefits. (1) When a motor vehicle liability insurer obtains a release for bodily injuries within 60 calendar days following an accident from a person who is eligible to receive personal injury protection benefits under ORS 742.518 to
ORS Chapter 742 — Insurance Policies

ORS 742.548. Required language in disclosure; conditions for rescission of release. If a representative of a motor vehicle liability insurer obtains a release for a claim of bodily injuries in person from a person who is eligible to receive personal injury protection benefits under ORS 742.518 to 742.542: (1) The representative of the insurer must provide the eligible person with a clear and conspicuous notice substantially similar to the following, which shall be incorporated into the insurers release or provided in a separate document: ______________________________________________________________________________ THE DOCUMENT YOU ARE BEING ASKED TO SIGN IS A BINDING CONTRACT THAT CONCLUDES YOUR CLAIM(S) AGAINST THE PARTIES IT IDENTIFIES. AFTER YOU SIGN IT YOU WILL NOT BE ABLE TO MAKE ANY FURTHER CLAIM(S) AGAINST THESE PARTIES. ______________________________________________________________________________ (2) The eligible person may rescind the release if the person provides the insurer written notice of rescission no later than five business days after the execution of the release and then promptly performs all other requisite acts for rescission of a contract. For the purposes of this subsection, notice of rescission is provided to an insurer on the date and time shown on a properly addressed proof of mailing or electronic transmission. [2009 c.545 3] Note: See note under
ORS Chapter 742 — Insurance Policies

ORS 742.554. Disclosures required by insurer to motor vehicle owner when insurer declares vehicle total loss. When an insurer declares a motor vehicle a total loss and offers to make a cash settlement to an insured or third-party owner of the motor vehicle, the insurer shall provide the insured or third-party owner: (1) Any valuation or appraisal reports relied upon by the insurer to determine value; and (2) A written statement in a form provided by the Director of the Department of Consumer and Business Services that includes: (a) Information about total loss, vehicle valuation and the duties of the insurer; and (b) The manner in which and under what circumstances the insured may contact the Division of Financial Regulation of the Department of Consumer and Business Services. [2009 c.65 2; 2017 c.17 55] Note: