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Oregon Revised Statutes

Or. Rev. Stat. § 742.506 (2026)

Allocation of responsibility among insurers

✓ current as of May 2026
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      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. [Formerly 743.795; 2015 c.5 §6]

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1991–2023 · leading case: Batten v. State Farm Mut. Auto. Ins. Co., 495 P.3d 1222 (Or. 2021).
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Batten v. State Farm Mut. Auto. Ins. Co., 495 P.3d 1222 (Or. 2021). · cites it 8× “504 to another statute, ORS 742.506, which addresses the “alloca- tion of responsibility between insurers” in cases of multiple, potentially applicable policies.”
Erickson v. Farmers Ins. Co. of Oregon, 21 P.3d 90 (Or. 2001). · cites it 3× “Having found that the statutory terms and paragraph 3 were repugnant, the Court of Appeals applied ORS 742.506: “Notwithstanding the contrary provisions of any policy, the provisions of ORS 742.”
Erickson v. Farmers Ins., 989 P.2d 481 (Or. Ct. App. 1999). · cites it 4× “*435 ORS 742.506, which was enacted in 1979, governs the manner in which such a repugnancy is to be resolved.”
Am. Econ. Ins. v. Canamore, 834 P.2d 542 (Or. Ct. App. 1992). · cites it 2× “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.”
Stembridge v. West Am. Ins. Co., 823 P.2d 418 (Or. Ct. App. 1991). “500 to ORS 742.506. Neither do we construe the meaning or effect of any statutory provision, including whether ORS 742.”
Spear v. State Farm Mut. Auto. Ins. Co. (D. Or. 2023). · cites it 2× “However, that court replaced the unenforceable exclusions with statutory language from ORS § 742.506. Id. In reversing the Court of Appeals, the Oregon Supreme Court explained that the insurer’s decision to limit coverage in ways not contemplated under ORS § 742.”
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