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Oregon Revised Statutes

Or. Rev. Stat. § 742.528 (2026)

Notice of denial of payment of benefits

✓ current as of May 2026
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      742.528 Notice of denial of payment of benefits. An insurer who denies payment of personal injury protection benefits to or on behalf of an insured shall:

      (1) Provide written notice of the denial, within 60 calendar days of receiving a claim from the provider, to the insured, stating the reason for the denial and informing the insured of the method for contesting the denial; and

      (2) Provide a copy of the notice of the denial, within 60 calendar days of receiving a claim from the provider, to a provider of services under ORS 742.524 (1)(a). [Formerly 743.812; 1993 c.265 §1]

Notes of Decisions
Cited in 5 cases, 2006–2017 · leading case: Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017).
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Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017). · cites it 6× “525, ORS 742.528. An insurer may deny a PIP claim for medical expenses; however, the “potential existence of a cause of action in tort does not relieve an insurer from the duty to pay [PIP] benefits.”
McBride v. State Farm Mut. Auto. Ins. Co., 386 P.3d 679 (Or. Ct. App. 2016). · cites it 12× “Significant to our analysis, State Farm did not send a timely written denial of plaintiffs PIP claims to the insured within 60 days of receipt of the claims as required by ORS 742.528. State Farm ultimately did send written denials of the PIP claims in letters to plaintiff in…”
Grisby v. Progressive Preferred Ins., 166 P.3d 519 (Or. 2007). “” ORS 742.528(1) (emphasis added). The notice of denial must state the reason for the denial and inform the insured of the method for contesting the denial.”
Ivanov v. Farmers Ins., 140 P.3d 1189 (Or. Ct. App. 2006). “ORS 742.528 requires the insurer to provide the insured with written notice of the denial within 60 calendar days of receiving a claim from the provider; the written notice must state the reason for the denial and inform the insured of the method for contesting the denial.”
Dowell v. Oregon Mut. Ins. Co. (Or. 2017). · cites it 3× “525, ORS 742.528. An insurer may deny a PIP claim for medical expenses; however, the “potential existence of a cause of action in tort does not relieve an insurer from the duty to pay [PIP] benefits.”
Or. Rev. Stat. § 742.528(1): 4 cases
Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017). “525, ORS 742.528. An insurer may deny a PIP claim for medical expenses; however, the “potential existence of a cause of action in tort does not relieve an insurer from the duty to pay [PIP] benefits.”
Grisby v. Progressive Preferred Ins., 166 P.3d 519 (Or. 2007). “” ORS 742.528(1) (emphasis added). The notice of denial must state the reason for the denial and inform the insured of the method for contesting the denial.”
McBride v. State Farm Mut. Auto. Ins. Co., 386 P.3d 679 (Or. Ct. App. 2016). “Significant to our analysis, State Farm did not send a timely written denial of plaintiffs PIP claims to the insured within 60 days of receipt of the claims as required by ORS 742.528. State Farm ultimately did send written denials of the PIP claims in letters to plaintiff in…”
Dowell v. Oregon Mut. Ins. Co. (Or. 2017). “525, ORS 742.528. An insurer may deny a PIP claim for medical expenses; however, the “potential existence of a cause of action in tort does not relieve an insurer from the duty to pay [PIP] benefits.”
Or. Rev. Stat. § 742.528(2): 3 cases
Dowell v. Oregon Mut. Ins. Co., 388 P.3d 1050 (Or. 2017). “525, ORS 742.528. An insurer may deny a PIP claim for medical expenses; however, the “potential existence of a cause of action in tort does not relieve an insurer from the duty to pay [PIP] benefits.”
McBride v. State Farm Mut. Auto. Ins. Co., 386 P.3d 679 (Or. Ct. App. 2016). “Significant to our analysis, State Farm did not send a timely written denial of plaintiffs PIP claims to the insured within 60 days of receipt of the claims as required by ORS 742.528. State Farm ultimately did send written denials of the PIP claims in letters to plaintiff in…”
Dowell v. Oregon Mut. Ins. Co. (Or. 2017). “525, ORS 742.528. An insurer may deny a PIP claim for medical expenses; however, the “potential existence of a cause of action in tort does not relieve an insurer from the duty to pay [PIP] benefits.”
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