742.520
Personal injury protection benefits for motor vehicle liability policies;
applicability.
(1)(a) Every motor vehicle liability policy issued for delivery in this state
that covers any private passenger motor vehicle shall provide personal injury
protection benefits to the person insured thereunder, members of that person’s
family residing in the same household, children not related to the insured by
blood, marriage or adoption who are residing in the same household as the
insured and being reared as the insured’s own, passengers occupying the insured
motor vehicle and pedestrians struck by the insured motor vehicle.
(b) A
transportation network company shall provide a motor vehicle liability policy
with personal injury protection benefits to each driver who operates a personal
motor vehicle in affiliation with the transportation network company.
(c) A taxi
company shall provide a motor vehicle liability policy with personal injury
protection benefits to each driver who operates a taxi in affiliation with the
taxi company.
(d) The personal
injury protection benefits described in paragraphs (b) and (c) of this
subsection must, at all times during which the driver operates the personal
motor vehicle or the taxi to provide transportation services to passengers in
affiliation with the transportation network company or the taxi company, cover
the driver of the personal motor vehicle or taxi, any passengers that occupy
the personal motor vehicle or taxi and pedestrians that are struck by the
personal motor vehicle or taxi.
(e)
Notwithstanding paragraphs (b), (c) and (d) of this subsection, an insurer may
exclude from a motor vehicle liability policy for a private passenger motor
vehicle any coverage, including personal injury protection benefits, for a loss
or injury that occurs while a driver is operating a private passenger motor
vehicle to provide transportation services for compensation in affiliation with
a transportation network company.
(2) Personal
injury protection benefits apply to a person’s injury or death resulting:
(a) In the case
of the person insured under the policy and members of that person’s family
residing in the same household, from the use, occupancy or maintenance of any
motor vehicle, except the following vehicles:
(A) A motor
vehicle, including a motorcycle or moped, that is owned or furnished or
available for regular use by any of such persons and that is not described in
the policy;
(B) A motorcycle
or moped which is not owned by any of such persons, but this exclusion applies
only when the injury or death results from such person’s operating or riding
upon the motorcycle or moped; and
(C) A motor
vehicle not included in subparagraph (A) or (B) of this paragraph and, except
as provided in paragraph (c) of this subsection, not a private passenger motor
vehicle. However, this exclusion applies only when the injury or death results
from such person’s operating or occupying the motor vehicle.
(b) In the case
of a passenger occupying or a pedestrian struck by the insured motor vehicle,
from the use, occupancy or maintenance of the vehicle.
(c) In the case
of a person insured under the policy who operates a personal motor vehicle or a
taxi with which the person provides transportation services to passengers for
compensation in affiliation with a transportation network company or a taxi
company, from the use, occupancy or maintenance of the personal motor vehicle
or taxi.
(3) Personal
injury protection benefits consist of payments for expenses, loss of income and
loss of essential services as provided in ORS 742.524.
(4) An insurer
shall pay all personal injury protection benefits promptly after proof of loss
has been submitted to the insurer.
(5) The potential
existence of a cause of action in tort does not relieve an insurer from the
duty to pay personal injury protection benefits.
(6) Disputes
between insurers and beneficiaries about the amount of personal injury
protection benefits, or about the denial of personal injury protection
benefits, shall be decided by arbitration if mutually agreed to at the time of
the dispute. Arbitration under this subsection shall take place as described in
ORS 742.521.
(7) An insurer:
(a) May not enter
into or renew any contract that provides, or has the effect of providing,
managed care services to beneficiaries.
(b) May enter
into or renew any contract that provides evaluation services for beneficiaries.
[Formerly 743.800; 1991 c.768 §6; 1993 c.282 §1; 1993 c.596 §39; 1995 c.658 §114;
1997 c.344 §§1,2; 1997 c.808 §§3,4; 1999 c.434 §1; 2003 c.813 §1; 2005 c.465 §3;
2007 c.328 §8; 2021 c.222 §2]
Notes of Decisions
Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017).
· cites it 20× “524(1)(a), which requires payment for “[a]ll reasonable and necessary expenses of medical, hos- pital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury, but not more than $15,000 in the aggregate for all such…”
Carrigan v. State Farm Mut. Auto. Ins., 949 P.2d 705 (Or. 1997).
· cites it 30× “Therefore, we reverse the contrary decision of the Court of Appeals. The historical facts are not in dispute.”
Ivanov v. Farmers Ins., 185 P.3d 417 (Or. 2008).
· cites it 14× “524(1) provides: "Personal injury protection benefits as required by ORS 742.520 shall consist of the following payments for the injury or death of each person: "(a) All reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance and prosthetic services…”
Grisby v. Progressive Preferred Ins., 142 P.3d 531 (Or. Ct. App. 2006).
· cites it 22× “ORS 742.520. PIP coverage exists when a covered person is injured "resulting * * * from the use, occupancy or maintenance of any motor vehicle," provided that no exclusions are applicable.”
Strawn v. Farmers Ins. Co. of Oregon, 258 P.3d 1199 (Or. 2011).
· cites it 4× “524(1)(a) (1997) provided, in part: "(1) Personal injury protection benefits as required by ORS 742.520 shall consist of the following payments for the injury or death of each person: "(a) All reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance…”
Barackman v. Anderson, 109 P.3d 370 (Or. 2005).
· cites it 6× “ORS 742.520(3). An insurer is required to pay PIP benefits promptly after a proof of loss is submitted to the insurer, and the potential existence of a tort action does not excuse the insurer’s duty to pay such benefits.”
Eggiman v. Mid-Century Ins., 895 P.2d 333 (Or. Ct. App. 1995).
· cites it 10× “In moving for summary judgment, defendant did not attach excerpts of the policy, but, instead, assumed that the pertinent policy provisions conformed to, and did not exceed, the requirements of the PIP statutes, ORS 742.520 et seq. Plaintiff apparently made the same assumption,…”
Grisby v. Progressive Preferred Ins., 166 P.3d 519 (Or. 2007).
· cites it 4× “Foltz interpreted ORS 742.520(6) (1995), a statute that, at that time, required the arbitration of disputes “about the amount of [PIP] benefits, or about the denial of [PIP] benefits [.”
Takata v. State Farm Mut. Auto. Ins. Co., 176 P.3d 415 (Or. Ct. App. 2008).
· cites it 9× “The insurance policy contained terms and conditions for personal injury protection ("PIP") coverage that were no less favorable than, and consistent with, those provided in ORS 742.520. [1] As is relevant in this case, ORS 742.”
Ivanov v. Farmers Ins., 140 P.3d 1189 (Or. Ct. App. 2006).
· cites it 5× “524(l)(a) defines PIP benefits as all “reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury, but not more than $10,000 in the aggregate for all such expenses of…”
— Or. Rev. Stat. § 742.520(1) — 15 cases
Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017).
“524(1)(a), which requires payment for “[a]ll reasonable and necessary expenses of medical, hos- pital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury, but not more than $15,000 in the aggregate for all such…”
Strawn v. Farmers Ins. Co. of Oregon, 258 P.3d 1199 (Or. 2011).
“524(1)(a) (1997) provided, in part: "(1) Personal injury protection benefits as required by ORS 742.520 shall consist of the following payments for the injury or death of each person: "(a) All reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance…”
— Or. Rev. Stat. § 742.520(2) — 8 cases
Grisby v. Progressive Preferred Ins., 142 P.3d 531 (Or. Ct. App. 2006).
“ORS 742.520. PIP coverage exists when a covered person is injured "resulting * * * from the use, occupancy or maintenance of any motor vehicle," provided that no exclusions are applicable.”
Takata v. State Farm Mut. Auto. Ins. Co., 176 P.3d 415 (Or. Ct. App. 2008).
“The insurance policy contained terms and conditions for personal injury protection ("PIP") coverage that were no less favorable than, and consistent with, those provided in ORS 742.520. [1] As is relevant in this case, ORS 742.”
— Or. Rev. Stat. § 742.520(2)(a) — 7 cases
Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017).
“524(1)(a), which requires payment for “[a]ll reasonable and necessary expenses of medical, hos- pital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury, but not more than $15,000 in the aggregate for all such…”
Takata v. State Farm Mut. Auto. Ins. Co., 176 P.3d 415 (Or. Ct. App. 2008).
“The insurance policy contained terms and conditions for personal injury protection ("PIP") coverage that were no less favorable than, and consistent with, those provided in ORS 742.520. [1] As is relevant in this case, ORS 742.”
— Or. Rev. Stat. § 742.520(2)(a)(A) — 1 case
— Or. Rev. Stat. § 742.520(3) — 15 cases
Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017).
“524(1)(a), which requires payment for “[a]ll reasonable and necessary expenses of medical, hos- pital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury, but not more than $15,000 in the aggregate for all such…”
Barackman v. Anderson, 109 P.3d 370 (Or. 2005).
“ORS 742.520(3). An insurer is required to pay PIP benefits promptly after a proof of loss is submitted to the insurer, and the potential existence of a tort action does not excuse the insurer’s duty to pay such benefits.”
Grisby v. Progressive Preferred Ins., 142 P.3d 531 (Or. Ct. App. 2006).
“ORS 742.520. PIP coverage exists when a covered person is injured "resulting * * * from the use, occupancy or maintenance of any motor vehicle," provided that no exclusions are applicable.”
— Or. Rev. Stat. § 742.520(4) — 9 cases
Ivanov v. Farmers Ins., 185 P.3d 417 (Or. 2008).
“524(1) provides: "Personal injury protection benefits as required by ORS 742.520 shall consist of the following payments for the injury or death of each person: "(a) All reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance and prosthetic services…”
Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017).
“524(1)(a), which requires payment for “[a]ll reasonable and necessary expenses of medical, hos- pital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury, but not more than $15,000 in the aggregate for all such…”
Ivanov v. Farmers Ins., 140 P.3d 1189 (Or. Ct. App. 2006).
“524(l)(a) defines PIP benefits as all “reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury, but not more than $10,000 in the aggregate for all such expenses of…”
Barackman v. Anderson, 109 P.3d 370 (Or. 2005).
“ORS 742.520(3). An insurer is required to pay PIP benefits promptly after a proof of loss is submitted to the insurer, and the potential existence of a tort action does not excuse the insurer’s duty to pay such benefits.”
— Or. Rev. Stat. § 742.520(5) — 3 cases
Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017).
“524(1)(a), which requires payment for “[a]ll reasonable and necessary expenses of medical, hos- pital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury, but not more than $15,000 in the aggregate for all such…”
Ivanov v. Farmers Ins., 185 P.3d 417 (Or. 2008).
“524(1) provides: "Personal injury protection benefits as required by ORS 742.520 shall consist of the following payments for the injury or death of each person: "(a) All reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance and prosthetic services…”
— Or. Rev. Stat. § 742.520(6) — 15 cases
Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017).
“524(1)(a), which requires payment for “[a]ll reasonable and necessary expenses of medical, hos- pital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury, but not more than $15,000 in the aggregate for all such…”
Grisby v. Progressive Preferred Ins., 142 P.3d 531 (Or. Ct. App. 2006).
“ORS 742.520. PIP coverage exists when a covered person is injured "resulting * * * from the use, occupancy or maintenance of any motor vehicle," provided that no exclusions are applicable.”
Barackman v. Anderson, 109 P.3d 370 (Or. 2005).
“ORS 742.520(3). An insurer is required to pay PIP benefits promptly after a proof of loss is submitted to the insurer, and the potential existence of a tort action does not excuse the insurer’s duty to pay such benefits.”
Eggiman v. Mid-Century Ins., 895 P.2d 333 (Or. Ct. App. 1995).
“In moving for summary judgment, defendant did not attach excerpts of the policy, but, instead, assumed that the pertinent policy provisions conformed to, and did not exceed, the requirements of the PIP statutes, ORS 742.520 et seq. Plaintiff apparently made the same assumption,…”
— Or. Rev. Stat. § 742.520(7)(e) — 2 cases
— Or. Rev. Stat. § 742.520(l)(b) — 1 case
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