742.518
Definitions for ORS 742.518 to 742.542. As used in ORS 742.518 to 742.542:
(1) “Evaluation
services” means physical examinations or reviews of medical records of
beneficiaries conducted at the request of an insurer by either an employee of
the insurer or a third-party medical record or bill review service to determine
whether the provision or continuation of medical services is necessary or
reasonable.
(2) “Managed care
services” means any system of health care delivery that attempts to control or
coordinate use of health care services in order to contain health care
expenditures or improve quality of health care services.
(3) “Motor
vehicle” means a self-propelled land motor vehicle or trailer, other than:
(a) A farm-type
tractor or other self-propelled equipment designed for use principally off
public roads, while not upon public roads;
(b) A vehicle
operated on rails or crawler-treads; or
(c) A vehicle
located for use as a residence or premises.
(4) “Motorcycle”
and “moped” have the meanings given those terms in ORS 801.345 and 801.365.
(5) “Occupying”
means in, or upon, or entering into or alighting from.
(6) “Pedestrian”
means a person while not occupying a self-propelled vehicle other than a
wheelchair or a similar low-powered motorized or mechanically propelled vehicle
that is designed specifically for use by a person with a physical disability
and that is determined to be medically necessary for the occupant of the
wheelchair or other low-powered vehicle.
(7) “Personal
injury protection benefits” means the benefits described in ORS 742.518 to
742.542.
(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. [2005 c.465 §2; 2007 c.70 §318; 2007
c.692 §1; 2021 c.222 §1]
Notes of Decisions
Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017).
· cites it 6× “1 On behalf of herself and others similarly situated, plaintiff contended in her action against defendant Oregon Mutual Insurance Company that insur- ers must pay transportation costs incurred to obtain medi- cal care as part of PIP medical benefits.”
Dowell v. Oregon Mut. Ins., 343 P.3d 283 (Or. Ct. App. 2015).
· cites it 6× “518(7) (‘“Personal injury protection benefits’ means the benefits described in ORS 742.518 to 742.542.”). ORS 742.524(l)(a) was amended in 2009.”
Ivanov v. Farmers Ins., 185 P.3d 417 (Or. 2008).
· cites it 2× “This case involves Oregon's Personal Injury Protection (PIP) statutes, ORS 742.518 to 742.540. Plaintiffs initiated this case by filing what they initially styled as a class action against defendant insurance companies (Farmers), seeking payment of PIP-related medical expenses…”
Robinson v. Tri-Cnty. Metro. Transp. Dist., 370 P.3d 864 (Or. Ct. App. 2016).
“282 for or on account of the operation of motor vehicles within the local public body’s control, shall provide the uninsured motorist coverage required under ORS 742.”
Ivanov v. Farmers Ins., 140 P.3d 1189 (Or. Ct. App. 2006).
· cites it 2× “Because it is undisputed that defendants denied plaintiffs’ claims within 60 days of receiving them, defendants assert that the burden to establish the reasonableness and necessity of the expenses remained on plaintiffs, and evidence that the expenses were incurred, standing…”
Spearman v. Progressive Classic Ins., 366 P.3d 839 (Or. Ct. App. 2016).
“Grisby involved the determination of benefits assured by the statutory scheme of ORS 742.518 to 742.544. Grisby did not consider the meaning of “damages” as that term is used within the scheme of uninsured and underinsured motorist insurance of ORS 742.”
Mid-Century Ins.. v. Turner, 182 P.3d 855 (Or. Ct. App. 2008).
“ORS 742.518 to 742.544 govern PIP coverage, including insurers’ recoupment of amounts paid as PIP benefits.”
Kachan v. Country Preferred Ins. Co., 379 P.3d 829 (Multnomah Cty. Cir. Ct., O.R. 2016).
· cites it 2× “Plaintiff opposed the motion, arguing that (1) the policy provision allowing defendant to “reasonably require” is contrary to the PIP statutes, ORS 742.518 to 742.542, which do not expressly authorize a defendant to require an EUO in connection with a claim for PIP benefits; and…”
Padilla v. State Farm Mut. Auto. Ins. Co., 499 P.3d 100 (Or. Ct. App. 2021).
· cites it 2× “The PIP benefits at issue in this case are for “loss of income” described in ORS 742.524: “(1) Personal injury protection benefits required by ORS 742.”
Dowell v. Oregon Mut. Ins. Co. (Or. 2017).
· cites it 3× “1 On behalf of herself and others similarly situated, plaintiff contended in her action against defendant Oregon Mutual Insurance Company that insurers must pay transportation costs incurred to obtain medical care as part of PIP medical benefits.”
— Or. Rev. Stat. § 742.518(10) — 3 cases
Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017).
“1 On behalf of herself and others similarly situated, plaintiff contended in her action against defendant Oregon Mutual Insurance Company that insur- ers must pay transportation costs incurred to obtain medi- cal care as part of PIP medical benefits.”
Dowell v. Oregon Mut. Ins., 343 P.3d 283 (Or. Ct. App. 2015).
“518(7) (‘“Personal injury protection benefits’ means the benefits described in ORS 742.518 to 742.542.”). ORS 742.524(l)(a) was amended in 2009.”
Dowell v. Oregon Mut. Ins. Co. (Or. 2017).
“1 On behalf of herself and others similarly situated, plaintiff contended in her action against defendant Oregon Mutual Insurance Company that insurers must pay transportation costs incurred to obtain medical care as part of PIP medical benefits.”
— Or. Rev. Stat. § 742.518(7) — 2 cases
Dowell v. Oregon Mut. Ins., 343 P.3d 283 (Or. Ct. App. 2015).
“518(7) (‘“Personal injury protection benefits’ means the benefits described in ORS 742.518 to 742.542.”). ORS 742.524(l)(a) was amended in 2009.”
Padilla v. State Farm Mut. Auto. Ins. Co., 499 P.3d 100 (Or. Ct. App. 2021).
“The PIP benefits at issue in this case are for “loss of income” described in ORS 742.524: “(1) Personal injury protection benefits required by ORS 742.”
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