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 742.504.
(5) “Uninsured
motorist coverage” means coverage within the terms and conditions specified in
ORS 742.504 that insures the insured or the heirs or legal representative of
the insured for all sums that the insured or the heirs or legal representative
is legally entitled to recover as damages for bodily injury or death that is
caused by accident and that arises from owning, maintaining or using an
uninsured vehicle in amounts or limits not less than the amounts or limits
prescribed for bodily injury or death under ORS 806.070.
(6) “Uninsured
vehicle” has the meaning given that term in ORS 742.504. [Formerly 743.786;
2015 c.5 §1]
Notes of Decisions
Cited in
34
cases (
10 in the last 5 years), 1991–2026 · leading case:
Bergmann v. Hutton, 101 P.3d 353 (Or. 2004).
Bergmann v. Hutton, 101 P.3d 353 (Or. 2004).
· cites it 24× “Compare Or Laws 1967, ch 482, §§ 1-3 (enacting ORS 742.500 to 742.506), with Or Laws 1955, ch 429, § 23 (enacting ORS 742.”
Mid-Century Ins. v. Perkins, 179 P.3d 633 (Or. 2008).
· cites it 7× “502(1) requires all motor vehicle liability policies issued in Oregon to provide uninsured motorist (UM) coverage, as defined by ORS 742.500(1): “ ‘Uninsured motorist coverage’ means coverage within the terms and conditions specified in ORS 742.”
City of Salem v. Salisbury, 5 P.3d 1131 (Or. Ct. App. 2000).
· cites it 15× “215, which provides: “(1) Any insurance or self-insurance provided by moneys from the Insurance Fund for or on account of the operation of motor vehicles within the state’s or public body’s control, shall provide the uninsured motorist coverage required under ORS 742.500 to…”
Haynes v. Tri-Cnty. Metro. Transp., 103 P.3d 101 (Or. 2004).
· cites it 4× “TriMet chose to self-insure and, as described in greater detail below, adopted an ordinance in which it agreed to compensate its passengers for injuries caused by uninsured motorists in accordance with the provisions of ORS 742.500 to 742.510. The TriMet ordinance also…”
Fox v. Country Mut. Ins., 964 P.2d 997 (Or. 1998).
· cites it 5× “504 insuring the insured, the heirs or legal representative of the insured for all sums which the insured or they shall be legally entitled to recover as damages for bodily injury or death caused by accident and arising out of the ownership, maintenance or use of an uninsured…”
Mid-century Ins. Co. v. Perkins, 149 P.3d 265 (Or. Ct. App. 2006).
· cites it 4× “Unlike “uninsured motorist coverage,” the term “underinsured motorist coverage” was not separately defined in ORS 742.500. Instead, a description of the circumstances giving rise to “underinsured motorist coverage” was grafted onto the existing UM statutory scheme to provide…”
Windsor Ins. v. Judd, 898 P.2d 761 (Or. 1995).
· cites it 5× “The issues of law involve the scope of the statutory provisions for uninsured motorist coverage, ORS 742.500 et seq, and the meaning of Windsor’s insurance policy.”
Ajir v. Buell, 348 P.3d 320 (Or. Ct. App. 2015).
· cites it 6× “215(2), which obligates Clackamas County as a self-insured public body to provide the UM/UIM coverage “required under ORS 742.500 to 742.504,” and ORS 742.502(2), which requires every “motor vehicle bodily injury liability policy” to provide UM/UIM coverage to the “same limits”…”
Thompson v. Est. of Adrian L. Pannell, 29 P.3d 1184 (Or. Ct. App. 2001).
· cites it 4× “"(3) The uninsured motorist coverage provided under this section shall be excess over any other collateral benefits to which an injured person is entitled, including, but not limited to, other uninsured motorist coverage, insurance benefits, governmental benefits or gratuitous…”
To v. State Farm Mut. Ins., 873 P.2d 1072 (Or. 1994).
· cites it 2× “' Similarly, Sonenschein discourages use of interested party materials in summary judgment by reasoning that `evidence from an interested or otherwise impeachable witness cannot support a motion for summary judgment, because questions of credibility are for the jury.'" Brunet,…”
Vogelin v. Am. Fam. Mut. Ins., 213 P.3d 1216 (Or. 2009).
· cites it 2× “789 (1967); now ORS 742.500(1) and ORS 742.502). In that same enactment, the legislature set out the terms of UM coverage in the form of a “model” policy and required that insurers provide UM coverage no less favorable to the insured than those set forth in its statutory “model.”
Am. Econ. Ins. v. Canamore, 834 P.2d 542 (Or. Ct. App. 1992).
· cites it 2× “ORS 742.500 to ORS 742.506. Because the majority erroneously employs the rules of statutory construction to reach a result that the legislature did not intend, I dissent.”
— Or. Rev. Stat. § 742.500(1) — 9 cases
Bergmann v. Hutton, 101 P.3d 353 (Or. 2004).
“Compare Or Laws 1967, ch 482, §§ 1-3 (enacting ORS 742.500 to 742.506), with Or Laws 1955, ch 429, § 23 (enacting ORS 742.”
Mid-Century Ins. v. Perkins, 179 P.3d 633 (Or. 2008).
“502(1) requires all motor vehicle liability policies issued in Oregon to provide uninsured motorist (UM) coverage, as defined by ORS 742.500(1): “ ‘Uninsured motorist coverage’ means coverage within the terms and conditions specified in ORS 742.”
Fox v. Country Mut. Ins., 964 P.2d 997 (Or. 1998).
“504 insuring the insured, the heirs or legal representative of the insured for all sums which the insured or they shall be legally entitled to recover as damages for bodily injury or death caused by accident and arising out of the ownership, maintenance or use of an uninsured…”
Mid-century Ins. Co. v. Perkins, 149 P.3d 265 (Or. Ct. App. 2006).
“Unlike “uninsured motorist coverage,” the term “underinsured motorist coverage” was not separately defined in ORS 742.500. Instead, a description of the circumstances giving rise to “underinsured motorist coverage” was grafted onto the existing UM statutory scheme to provide…”
Windsor Ins. v. Judd, 898 P.2d 761 (Or. 1995).
“The issues of law involve the scope of the statutory provisions for uninsured motorist coverage, ORS 742.500 et seq, and the meaning of Windsor’s insurance policy.”
— Or. Rev. Stat. § 742.500(2) — 1 case
City of Salem v. Salisbury, 5 P.3d 1131 (Or. Ct. App. 2000).
“215, which provides: “(1) Any insurance or self-insurance provided by moneys from the Insurance Fund for or on account of the operation of motor vehicles within the state’s or public body’s control, shall provide the uninsured motorist coverage required under ORS 742.500 to…”
— Or. Rev. Stat. § 742.500(2)(a) — 2 cases
— Or. Rev. Stat. § 742.500(2)(b) — 1 case
City of Salem v. Salisbury, 5 P.3d 1131 (Or. Ct. App. 2000).
“215, which provides: “(1) Any insurance or self-insurance provided by moneys from the Insurance Fund for or on account of the operation of motor vehicles within the state’s or public body’s control, shall provide the uninsured motorist coverage required under ORS 742.500 to…”
— Or. Rev. Stat. § 742.500(3)(a) — 3 cases
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