742.502
Uninsured motorist coverage; underinsurance coverage. (1) Every motor vehicle liability
policy that insures against a loss that a natural person suffers and that
results from liability imposed by law for bodily injury or death that arises
out of owning, maintaining or using a motor vehicle shall provide in the policy
or by indorsement on the policy uninsured motorist coverage if the policy is
either:
(a) Issued for
delivery in this state; or
(b) Issued or
delivered by an insurer that does business in this state with respect to any
motor vehicle then principally used or principally garaged in this state.
(2)(a) A motor
vehicle bodily injury liability policy must have the same limits for uninsured
motorist coverage as for bodily injury liability coverage unless a named
insured in writing elects lower limits. The insured may not elect limits lower
than the amounts prescribed to meet the requirements of ORS 806.070 for bodily
injury or death. Uninsured motorist coverage must include underinsurance
coverage for bodily injury or death caused by accident and arising out of the
ownership, maintenance or use of a motor vehicle with motor vehicle liability
insurance that provides recovery in an amount that is less than the sums that
the insured or the heirs or legal representative of the insured is legally
entitled to recover as damages for bodily injury or death that is caused by
accident and that arises out of owning, maintaining or using an uninsured
vehicle. Underinsurance coverage must be equal to the sums that the insured or
the heirs or legal representative of the insured is legally entitled to recover
as damages for bodily injury or death that is caused by accident and that
arises out of owning, maintaining or using an uninsured vehicle up to the
limits of the uninsured motorist coverage.
(b) If a named
insured elects lower limits, the named insured shall sign a statement to elect
lower limits within 60 days after the time the named insured makes the
election. The statement must acknowledge that a named insured was offered
uninsured motorist coverage with the limits equal to those for bodily injury
liability. The statement must have a brief summary that is not part of the
insurance contract and that describes what uninsured motorist coverage provides
and what the underinsured coverage provides. The summary must also state the
price for coverage with limits equal to the named insured’s bodily injury
liability limits and the price for coverage with the lower limits the named
insured requested. The statement remains in force until a named insured
rescinds the statement in writing or until the motor vehicle bodily injury
liability limits are changed. The Department of Consumer and Business Services
shall approve the form of statement that complies with this paragraph.
(c) A statement
electing lower limits need not be signed if vehicles are either added to or
subtracted from a policy or if the policy is amended, renewed, modified or
replaced by the same insurer or an insurer within a group of companies that is
under common ownership or control, unless the liability limits of the policy
are changed.
(3) The insurer
that issues the policy may offer one or more options of uninsured motorist
coverage that are larger than the amounts prescribed to meet the requirements
of ORS 806.070 and in excess of the limits provided under the policy for motor
vehicle bodily injury liability insurance. Offers of uninsured motorist
coverage must include underinsurance coverage for bodily injury or death that
is caused by accident and that arises out of owning, maintaining or using a
motor vehicle with motor vehicle liability insurance that provides recovery in
an amount that is less than the sums that the insured or the heirs or legal
representative of the insured is legally entitled to recover as damages for
bodily injury or death that is caused by accident and that arises out of
owning, maintaining or using an uninsured vehicle. Underinsurance coverage must
be equal to the sums that the insured or the heirs or legal representative of
the insured 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 up to the limits of the uninsured motorist coverage.
(4)
Underinsurance coverage is subject to ORS 742.504 and 742.542.
(5) Uninsured
motorist coverage and underinsurance coverage must provide coverage for bodily
injury or death if the amount of liability insurance recovered is less than the
sums that the insured or the heirs or legal representative of the insured is
legally entitled to recover as damages for bodily injury or death that is
caused by accident and that arises out of owning, maintaining or using an
uninsured vehicle.
(6) Uninsured
motorist coverage and underinsurance coverage must provide coverage for bodily
injury or death if the amount recovered from a self-insurer is less than the
sums that the insured or the heirs or legal representative of the insured is
legally entitled to recover as damages for bodily injury or death that is
caused by accident and that arises out of owning, maintaining or using an
uninsured vehicle.
(7) As used in
this section and except as otherwise provided in this subsection, “amount
recovered from other motor vehicle liability insurance policies” means the
proceeds of liability insurance or the proceeds received from a public body
under ORS 30.260 to 30.300 that are recovered by or on behalf of the injured
party. Proceeds recovered on behalf of the injured party include proceeds the
injured party’s insurer receives as reimbursement for personal injury
protection benefits the insurer provides to the injured person, proceeds the
medical providers of the injured person receive and proceeds received as
attorney fees on the claim of the injured person. If applicable liability
insurance policy limits are exhausted upon payment, settlement or judgment by
division among two or more injured persons, “amount recovered from other motor
vehicle liability insurance policies” means the proceeds that are recovered by
or on behalf of the injured person but does not include any proceeds of the
liability policy that other injured persons receive. [Formerly 743.789; 1993
c.709 §11; 1997 c.808 §1; 2003 c.220 §1; 2005 c.235 §1; 2007 c.287 §2; 2007
c.782 §2; 2009 c.67 §14; 2015 c.5 §2]
Notes of Decisions
Mid-century Ins. Co. v. Perkins, 149 P.3d 265 (Or. Ct. App. 2006).
· cites it 67× “He argues, however, that the definition in his policy is inconsistent with the requirements of ORS 742.502 and ORS 742.504 1 and is therefore superseded by those statutes.”
Bergmann v. Hutton, 101 P.3d 353 (Or. 2004).
· cites it 31× “[5] ORS 742.502 contains a general UM and UIM coverage mandate.”
Pierce v. Allstate Ins., 848 P.2d 1197 (Or. 1993).
· cites it 57× “ORS 742.502 provides for the issuance of uninsured and underinsured motorist liability coverage: "(1) Every motor vehicle liability policy insuring against loss suffered by any natural person resulting from liability imposed by law for bodily injury or death arising out of the…”
Mid-Century Ins. v. Perkins, 179 P.3d 633 (Or. 2008).
· cites it 30× “At the time of Perkins’s accident in 2001, and Phillips’s accident in 2003, the legislature had last modified ORS 742.502 and ORS 742.504 in 1997. See Or Laws 1997, ch 808, §§ 1, 2.”
Vogelin v. Am. Fam. Mut. Ins., 213 P.3d 1216 (Or. 2009).
· cites it 44× “As noted, another statute central to the parties’ arguments, ORS 742.502, creates and addresses UM and UIM coverage.”
Vega v. Farmers Ins., 918 P.2d 95 (Or. 1996).
· cites it 14× “504 provides in part: “Every policy required to provide the coverage specified in ORS 742.502 shall provide uninsured motorist coverage which in each instance is no less favorable in any respect to the insured or the beneficiary than if the following provisions were set forth in…”
Am. Econ. Ins. v. Canamore, 834 P.2d 542 (Or. Ct. App. 1992).
· cites it 28× “Defendants are entitled to make claims for underinsured motorist benefits under [the umbrella policy], for the reason that such policy is a `motor vehicle liability policy,' as that term is used in ORS 742.502, [1] and that such benefits are imposed by law, even though they are…”
Batten v. State Farm Mut. Auto. Ins. Co., 495 P.3d 1222 (Or. 2021).
· cites it 9× “Both ORS 742.502 and ORS 742.504 have been the subject of extensive prior analysis by this court, and those prior decisions significantly inform our analysis in this case.”
Van Vonno v. Hertz Corp., 841 P.2d 1244 (Wash. 1992).
· cites it 13× “As a result, Hertz concludes the rental agreement did not constitute a motor vehicle liability policy, and ORS § 742.502 did not require Hertz to offer Van Vonno more than the minimum uninsured motorist coverage.”
Grijalva v. Safeco Ins. Co. of Am., 956 P.2d 995 (Or. Ct. App. 1998).
· cites it 15× “The statute declares that "[u]nderinsurance benefits shall be equal to uninsured motorist coverage benefits less the amount recovered from other automobile liability insurance policies. " ORS 742.502(2)(a) (emphasis supplied).”
Ajir v. Buell, 348 P.3d 320 (Or. Ct. App. 2015).
· cites it 18× “It also specifies that, “ [i] f a named insured elects lower limits, the named insured shall sign a statement electing lower limits within 60 days of the time the named insured makes the election.”
— Or. Rev. Stat. § 742.502(1) — 19 cases
Bergmann v. Hutton, 101 P.3d 353 (Or. 2004).
“[5] ORS 742.502 contains a general UM and UIM coverage mandate.”
Am. Econ. Ins. v. Canamore, 834 P.2d 542 (Or. Ct. App. 1992).
“Defendants are entitled to make claims for underinsured motorist benefits under [the umbrella policy], for the reason that such policy is a `motor vehicle liability policy,' as that term is used in ORS 742.502, [1] and that such benefits are imposed by law, even though they are…”
Pierce v. Allstate Ins., 848 P.2d 1197 (Or. 1993).
“ORS 742.502 provides for the issuance of uninsured and underinsured motorist liability coverage: "(1) Every motor vehicle liability policy insuring against loss suffered by any natural person resulting from liability imposed by law for bodily injury or death arising out of the…”
Batten v. State Farm Mut. Auto. Ins. Co., 495 P.3d 1222 (Or. 2021).
“Both ORS 742.502 and ORS 742.504 have been the subject of extensive prior analysis by this court, and those prior decisions significantly inform our analysis in this case.”
Van Vonno v. Hertz Corp., 841 P.2d 1244 (Wash. 1992).
“As a result, Hertz concludes the rental agreement did not constitute a motor vehicle liability policy, and ORS § 742.502 did not require Hertz to offer Van Vonno more than the minimum uninsured motorist coverage.”
— Or. Rev. Stat. § 742.502(1)(a) — 1 case
— Or. Rev. Stat. § 742.502(10) — 1 case
— Or. Rev. Stat. § 742.502(2) — 21 cases
Pierce v. Allstate Ins., 848 P.2d 1197 (Or. 1993).
“ORS 742.502 provides for the issuance of uninsured and underinsured motorist liability coverage: "(1) Every motor vehicle liability policy insuring against loss suffered by any natural person resulting from liability imposed by law for bodily injury or death arising out of the…”
Am. Econ. Ins. v. Canamore, 834 P.2d 542 (Or. Ct. App. 1992).
“Defendants are entitled to make claims for underinsured motorist benefits under [the umbrella policy], for the reason that such policy is a `motor vehicle liability policy,' as that term is used in ORS 742.502, [1] and that such benefits are imposed by law, even though they are…”
Van Vonno v. Hertz Corp., 841 P.2d 1244 (Wash. 1992).
“As a result, Hertz concludes the rental agreement did not constitute a motor vehicle liability policy, and ORS § 742.502 did not require Hertz to offer Van Vonno more than the minimum uninsured motorist coverage.”
Vega v. Farmers Ins., 918 P.2d 95 (Or. 1996).
“504 provides in part: “Every policy required to provide the coverage specified in ORS 742.502 shall provide uninsured motorist coverage which in each instance is no less favorable in any respect to the insured or the beneficiary than if the following provisions were set forth in…”
Ajir v. Buell, 348 P.3d 320 (Or. Ct. App. 2015).
“It also specifies that, “ [i] f a named insured elects lower limits, the named insured shall sign a statement electing lower limits within 60 days of the time the named insured makes the election.”
— Or. Rev. Stat. § 742.502(2)(L)(F) — 1 case
— Or. Rev. Stat. § 742.502(2)(a) — 37 cases
Mid-Century Ins. v. Perkins, 179 P.3d 633 (Or. 2008).
“At the time of Perkins’s accident in 2001, and Phillips’s accident in 2003, the legislature had last modified ORS 742.502 and ORS 742.504 in 1997. See Or Laws 1997, ch 808, §§ 1, 2.”
Vogelin v. Am. Fam. Mut. Ins., 213 P.3d 1216 (Or. 2009).
“As noted, another statute central to the parties’ arguments, ORS 742.502, creates and addresses UM and UIM coverage.”
Mid-century Ins. Co. v. Perkins, 149 P.3d 265 (Or. Ct. App. 2006).
“He argues, however, that the definition in his policy is inconsistent with the requirements of ORS 742.502 and ORS 742.504 1 and is therefore superseded by those statutes.”
Bergmann v. Hutton, 101 P.3d 353 (Or. 2004).
“[5] ORS 742.502 contains a general UM and UIM coverage mandate.”
— Or. Rev. Stat. § 742.502(2)(b) — 3 cases
Ajir v. Buell, 348 P.3d 320 (Or. Ct. App. 2015).
“It also specifies that, “ [i] f a named insured elects lower limits, the named insured shall sign a statement electing lower limits within 60 days of the time the named insured makes the election.”
— Or. Rev. Stat. § 742.502(2)(d)(A) — 1 case
— Or. Rev. Stat. § 742.502(3) — 5 cases
Mid-century Ins. Co. v. Perkins, 149 P.3d 265 (Or. Ct. App. 2006).
“He argues, however, that the definition in his policy is inconsistent with the requirements of ORS 742.502 and ORS 742.504 1 and is therefore superseded by those statutes.”
Mid-Century Ins. v. Perkins, 179 P.3d 633 (Or. 2008).
“At the time of Perkins’s accident in 2001, and Phillips’s accident in 2003, the legislature had last modified ORS 742.502 and ORS 742.504 in 1997. See Or Laws 1997, ch 808, §§ 1, 2.”
— Or. Rev. Stat. § 742.502(4) — 22 cases
Vega v. Farmers Ins., 918 P.2d 95 (Or. 1996).
“504 provides in part: “Every policy required to provide the coverage specified in ORS 742.502 shall provide uninsured motorist coverage which in each instance is no less favorable in any respect to the insured or the beneficiary than if the following provisions were set forth in…”
Bergmann v. Hutton, 101 P.3d 353 (Or. 2004).
“[5] ORS 742.502 contains a general UM and UIM coverage mandate.”
Vogelin v. Am. Fam. Mut. Ins., 213 P.3d 1216 (Or. 2009).
“As noted, another statute central to the parties’ arguments, ORS 742.502, creates and addresses UM and UIM coverage.”
Grijalva v. Safeco Ins. Co. of Am., 956 P.2d 995 (Or. Ct. App. 1998).
“The statute declares that "[u]nderinsurance benefits shall be equal to uninsured motorist coverage benefits less the amount recovered from other automobile liability insurance policies. " ORS 742.502(2)(a) (emphasis supplied).”
— Or. Rev. Stat. § 742.502(4)(a) — 1 case
— Or. Rev. Stat. § 742.502(5) — 5 cases
Batten v. State Farm Mut. Auto. Ins. Co., 495 P.3d 1222 (Or. 2021).
“Both ORS 742.502 and ORS 742.504 have been the subject of extensive prior analysis by this court, and those prior decisions significantly inform our analysis in this case.”
— Or. Rev. Stat. § 742.502(7) — 1 case
— Or. Rev. Stat. § 742.502(a) — 1 case
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