742.031
Bankruptcy clause required in certain liability policies. A policy of insurance against loss
or damage resulting from accident to or injury suffered by an employee or other
person and for which the person insured is liable, or against loss or damage to
property caused by horses or by any vehicle drawn, propelled or operated by any
motive power, and for which loss or damage the person insured is liable, shall
contain within such policy a provision substantially as follows: “Bankruptcy or
insolvency of the insured shall not relieve the insurer of any of its obligations
hereunder. If any person or legal representative of the person shall obtain
final judgment against the insured because of any such injuries, and execution
thereon is returned unsatisfied by reason of bankruptcy, insolvency or any
other cause, or if such judgment is not satisfied within 30 days after it is
rendered, then such person or legal representatives of the person may proceed
against the insurer to recover the amount of such judgment, either at law or in
equity, but not exceeding the limit of this policy applicable thereto.” [Formerly
743.783 and then 743.772]
Notes of Decisions
Collins v. Farmers Ins., 822 P.2d 1146 (Or. 1991).
· cites it 8× “270 may also grant any lawful coverage in excess of or in addition to the required coverage, and such excess or additional coverage shall not be subject to the provisions of ORS 742.031, 742.400 and 742.450 to 742.464.”
Farmers Ins. Co. of Oregon v. Mowry, 261 P.3d 1 (Or. 2011).
· cites it 2× “270 may also grant any lawful coverage in excess of or in addition to the required coverage, and such excess or additional coverage shall not be subject to the provisions of ORS 742.031, 742.400 and 742.450 to 742.464.”
Farmers Ins. v. Stockton, 827 P.2d 938 (Or. Ct. App. 1992).
· cites it 4× “The default judgments against the Wellses and Stockton amount to admissions by them of all of the material facts alleged against them.”
Harlan v. Valley Ins., 875 P.2d 471 (Or. Ct. App. 1994).
· cites it 2× “Plaintiffs brought this action under ORS 742.031, which permits injured parties to sue a tortfeasor's insurer directly.”
United Servs. Auto. Assn. v. Reilly, 858 P.2d 457 (Or. Ct. App. 1993).
“270 may also grant any lawful coverage in excess of or in addition to the required coverage, and such, excess or additional coverage shall not be subject to the provisions of ORS 742.031, 742.400 and 742.450 to 742.464.”
Anderson v. Farmers Ins., 71 P.3d 144 (Or. Ct. App. 2003).
“270 may also grant any lawful coverage in excess of or in addition to the required coverage, and such excess or additional coverage shall not be subject to the provisions of ORS 742.031, 742.400 and 742.450 to 742.464.”
York v. Paakkonen, 313 P.3d 332 (Or. Ct. App. 2013).
· cites it 2× “352, ORS 742.031, and ORS 742.061. See Swett v.”
5 Star, Inc. v. Atl. Cas. Ins., 344 P.3d 467 (Or. Ct. App. 2015).
“Plaintiffs Kevin Rains and Mitzi Rains, who have a judgment against 5 Star, brought a claim against Atlantic pursuant to ORS 742.031, which permits direct actions by judgment creditors against the insurer of an insured, but insolvent, judgment debtor.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.