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Oregon Revised Statutes

Or. Rev. Stat. § 742.522 (2026)

Binding arbitration under ORS 742.520; costs

✓ current as of May 2026
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      742.522 Binding arbitration under ORS 742.520; costs. (1) Costs to the insured of the arbitration proceeding under ORS 742.520 (6) shall not exceed $100 and all other costs of arbitration shall be borne by the insurer.

      (2) As used in this section, “costs” does not include attorney fees or expenses incurred in the production of evidence or witnesses or the making of transcripts of the arbitration proceedings. [Formerly 743.802; 2007 c.328 §9]

Notes of Decisions
Cited in 5 cases, 1998–2008 · leading case: Foltz v. State Farm Mut. Auto. Ins., 952 P.2d 1012 (Or. 1998).
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Foltz v. State Farm Mut. Auto. Ins., 952 P.2d 1012 (Or. 1998). · cites it 22× “520(6), in combination with ORS 742.522, violates plaintiff's right to a jury trial in contravention of the guarantees provided by Article I, section 17, of the Oregon Constitution.”
Barackman v. Anderson, 109 P.3d 370 (Or. 2005). · cites it 5× “That argument relies solely on an interpretation of the words of ORS 742.522(1), which provides: “Arbitration under ORS 742.”
Ivanov v. Farmers Ins., 185 P.3d 417 (Or. 2008). · cites it 2× “520(6) and ORS 742.522 or, as plaintiffs did in this case, file a civil action against the insurer.”
Barackman v. Anderson, 84 P.3d 830 (Or. Ct. App. 2004). · cites it 3× “ORS 742.522 provides that PIP claimants are not required to pay more than $100 toward the cost of those proceedings, which means that PIP insurers will pay a disproportionate share of those costs.”
Kramm v. Mid-Century Ins., 956 P.2d 1036 (Or. Ct. App. 1998). · cites it 10× “061, to be included in this claim, would directly contravene the more specific statute, ORS 742.522, and make the latter statute nonsensical and surplusage.”
— Or. Rev. Stat. § 742.522(1) — 4 cases
Foltz v. State Farm Mut. Auto. Ins., 952 P.2d 1012 (Or. 1998). “520(6), in combination with ORS 742.522, violates plaintiff's right to a jury trial in contravention of the guarantees provided by Article I, section 17, of the Oregon Constitution.”
Barackman v. Anderson, 109 P.3d 370 (Or. 2005). “That argument relies solely on an interpretation of the words of ORS 742.522(1), which provides: “Arbitration under ORS 742.”
Barackman v. Anderson, 84 P.3d 830 (Or. Ct. App. 2004). “ORS 742.522 provides that PIP claimants are not required to pay more than $100 toward the cost of those proceedings, which means that PIP insurers will pay a disproportionate share of those costs.”
Kramm v. Mid-Century Ins., 956 P.2d 1036 (Or. Ct. App. 1998). “061, to be included in this claim, would directly contravene the more specific statute, ORS 742.522, and make the latter statute nonsensical and surplusage.”
— Or. Rev. Stat. § 742.522(2) — 1 case
Kramm v. Mid-Century Ins., 956 P.2d 1036 (Or. Ct. App. 1998). “061, to be included in this claim, would directly contravene the more specific statute, ORS 742.522, and make the latter statute nonsensical and surplusage.”
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