Chapter 742 — Chapter 742
190 sections in this chapter.
ORS 742.360 Release of surety on bond of public official by action of surety. (1) The surety or sureties on the bond of any public official in this state shall be released from any future liability thereon upon giving notice of election to be released as provided in this section
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(2) A surety desiring to be released from liability on the bond of any state officer may file with the Governor or Secretary of State 30 days before the surety desires the release to take effect, a notice in writing, duly subscribed by the surety or someone in behalf of the suret…
ORS 742.362 Release of surety on depository bond; provision required in such bonds. (1) A surety wishing to terminate the liability undertaken upon any bank depository bond or undertaking given to guarantee the safekeeping and return of any public moneys deposited in the bank may do so by giving notice of election so to do to the principal and to the official whose duty it is to approve such bond or undertaking. A surety is released from any future liability upon any such depository bond or undertaking at the expiration of 30 days after the giving of such notice
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(2) Where the form of depository bond or undertaking given to protect any public moneys is prescribed by statute or regulation the right to cancel such bond or undertaking shall be expressed in such bonds or undertakings by adding a paragraph to the prescribed form in substantial…
ORS 742.364 Fixing amount of new bond after release from original. Whenever a notice is filed, or filed and served, as provided in ORS 742.358, 742.360 and 742.362, or received after mailed as provided in ORS 742.366, the proper authority shall prescribe the penalty or amount in which a new or additional bond or undertaking shall be filed. If no such order is made the new or additional bond or undertaking shall be executed for the same amount as the original. [Formerly 747.170 and then 743.753]
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[Repealed or reserved.]
ORS 742.366 Cancellation of bond by surety. (1) As used in this section
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(a) “Bond” means any undertaking, recognizance or other obligation required by statute, ordinance or regulation to be executed by a surety and given to a public body by any person as a condition to the granting of a permit, license or franchise by a public body. (b) “Public body”…
ORS 742.368 Surety insurer may not deny power to execute bond; construction of policies. A surety insurer executing any bond or undertaking under the provisions of the Insurance Code is estopped in any proceeding, to deny its corporate power to execute such bond or undertaking or to assume such liability, and all such bonds or undertakings shall in any action be construed by the rules applicable to insurance policies and indemnity contracts. [Formerly 747.180 and then 743.756]
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[Repealed or reserved.]
ORS 742.370 Bond construed as including omitted statutory provisions. Whenever any person is required by the provisions of any statute to give a bond to this state or any of its political subdivisions and the statute requires to be included therein any specific provisions, the bond shall have the same legal effect as though such provisions were included therein, although such provisions were omitted. [Formerly 747.190 and then 743.759]
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[Repealed or reserved.]
ORS 742.372 Guaranteed arrest bond certificate. As used in ORS 742.374 and 742.376, “guaranteed arrest bond certificate” means any printed certificate which
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(1) Is issued by an automobile club or automobile association to any of its members; (2) Is signed by the member to whom it is issued; and (3) Contains a printed statement that the automobile club or automobile association and a named surety insurer guarantee the appearance of th…
ORS 742.374 Surety may issue guaranteed arrest bond certificate not to exceed $1,000. Upon compliance with ORS 742.376, any authorized domestic or foreign surety insurer may become surety in an amount not to exceed $1,000 with respect to any unexpired guaranteed arrest bond certificate that is issued by an automobile club or association. [Formerly 747.084 and then 743.765]
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[Repealed or reserved.]
ORS 742.376 Requirements to issue guaranteed arrest bond certificate. To become surety under ORS 742.374 with respect to an unexpired guaranteed arrest bond certificate that is accepted during any year under ORS 810.320, the surety insurer shall file with the Director of the Department of Consumer and Business Services on a form prescribed by the director an undertaking so to become surety for that year. The undertaking shall state
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(1) The name and address of each automobile club or automobile association with respect to any guaranteed arrest bond certificate of which the surety insurer undertakes to be surety; and (2) The unqualified obligation of the surety insurer to pay the fine or forfeiture in an amou…
ORS 742.390 Reimbursement insurance policy; contents; definitions. (1) A reimbursement insurance policy insuring service contracts issued, sold or offered for sale in this state shall conspicuously state that, upon failure of the obligor to perform under the contract, the insurer that issued the policy shall pay on behalf of the obligor any sums the obligor is legally obligated to pay or shall provide the service that the obligor is legally obligated to perform according to the obligor’s contractual obligations under the service contracts issued by the obligor
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(2) For purposes of this section and ORS 742.392: (a) “Obligor” has the meaning given in ORS 646A.152. (b) A “reimbursement insurance policy” is a policy of insurance providing reimbursement coverage for all obligations and liabilities under the terms of the service contract issu…
ORS 742.392 Termination of reimbursement insurance policy. An insurer that issues a reimbursement insurance policy shall not terminate the policy until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. The notice of termination shall be mailed or delivered to the director at least 30 days prior to the date of termination. The termination of a reimbursement insurance policy shall not reduce the issuer’s responsibility for service contracts sold by or on behalf of obligors prior to the date of the termination. [1995 c.801 §8]
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Note: See note under 742.390. MEDICAL MALPRACTICE INSURANCE
ORS 742.400 (1) As used in this section
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(a) “Claim” means a written demand for payment from or on behalf of a covered practitioner for an injury alleged to have been caused by professional negligence that is made in a complaint filed with a court of appropriate jurisdiction. (b) “Covered practitioner” means a: (A) Chir…
ORS 742.405 Conditions for issuance of medical malpractice insurance. (1) No insurer may require membership in a professional association as a condition of issuance of medical malpractice insurance to a physician. However, nothing in this subsection prohibits an insurer from requiring as a condition of coverage of a nonmember that the nonmember agrees to be subject to reasonable risk management, loss control or other similar programs and conditions to which members are subject, whether imposed by the insurer or the association
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(2) No insurer who issues medical malpractice insurance to a physician may assess any surcharge or offer any discount to the physician based on whether or not the physician is a member of a professional association. (3) For purposes of this section, joint underwriting association…
ORS 742.407 Prohibition against refusing defense or indemnification of health practitioner or health care facility based on disclosure of adverse event or participation in discussion or mediation. (1) As used in this section
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(a) “Adverse event” means a negative consequence of patient care that is unanticipated, is usually preventable and results in or presents a significant risk of patient injury. (b) “Claim” means a written demand for restitution for an injury alleged to have been caused by the medi…
ORS 742.420 [2007 c.272 §2; 2014 c.45 §75; 2017 c.356 §94; renumbered 735.631 in 2023]
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[Repealed or reserved.]
ORS 742.422 [2007 c.272 §3; renumbered 735.632 in 2023]
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[Repealed or reserved.]
ORS 742.424 [2007 c.272 §4; renumbered 735.633 in 2023]
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[Repealed or reserved.]
ORS 742.426 [2007 c.272 §5; renumbered 735.634 in 2023]
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[Repealed or reserved.]
ORS 742.428 [2007 c.272 §6; renumbered 735.636 in 2023]
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[Repealed or reserved.]
ORS 742.430 [2007 c.272 §7; renumbered 735.637 in 2023]
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[Repealed or reserved.]
ORS 742.432 [2007 c.272 §8; renumbered 735.638 in 2023]
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[Repealed or reserved.]
ORS 742.434 [2007 c.272 §9; renumbered 735.639 in 2023]
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[Repealed or reserved.]
ORS 742.436 [2007 c.272 §10; renumbered 735.641 in 2023]
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[Repealed or reserved.]
ORS 742.438 [2007 c.272 §11; renumbered 735.642 in 2023]
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[Repealed or reserved.]
ORS 742.440 [2007 c.272 §12; renumbered 735.643 in 2023]
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MOTOR VEHICLE LIABILITY INSURANCE (Issuance of Proof of Insurance)
ORS 742.447 Proof of insurance. (1) Every insurer that issues motor vehicle insurance that is designed to meet either the financial or future responsibility requirements of ORS chapter 806 shall issue with the policy proof of insurance that shows the effective date and the expiration date of the insurance
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(2) An insurer may provide proof of insurance under this section by issuing a card or, if the insured agrees, through electronic means. (3) Nothing in this section requires an insurer to provide proof of insurance at any time other than when the policy is issued or renewed. [1993…
ORS 742.449 Prohibition on assignment to high risk category on certain grounds. An insurer issuing motor vehicle liability insurance policies in this state may not assign an insured or applicant for insurance to a higher risk category than the person would otherwise be assigned to solely because the person has
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(1) Let a prior motor vehicle liability policy lapse, unless the person was in violation of ORS 806.010 at any time after the prior policy lapsed; or (2) Had driving privileges suspended pursuant to ORS 809.280 (6) or (8) if the suspension is based on a nondriving offense. [1989 …
ORS 742.450 Contents of motor vehicle liability policy; permitted exclusions; rules. (1) Every motor vehicle liability insurance policy issued for delivery in this state shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability
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(2) Every motor vehicle liability insurance policy issued for delivery in this state shall contain an agreement or indorsement stating that, as respects bodily injury and death or property damage, or both, the insurance provides either: (a) The coverage described in ORS 806.070 a…
ORS 742.454 Liabilities that need not be covered. The motor vehicle liability insurance policy required by ORS 806.010, 806.060, 806.080, 806.240 or 806.270 need not insure any liability under any workers’ compensation law; nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of a vehicle; nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured. [Formerly 486.546 and then 743.778]
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[Repealed or reserved.]
ORS 742.456 When insurer’s liability accrues; nonforfeiture provisions. The liability of an insurer with respect to the motor vehicle liability insurance policy required by ORS 806.060, 806.240 or 806.270 shall become absolute whenever injury or damage covered by the policy occurs. The policy may not be canceled or annulled as to such liability by any agreement between the insurer and the insured after the occurrence of the injury or damage. No statement made by the insured or on behalf of the insured and in violation of the policy shall defeat or void the policy. This section does not apply to motor vehicle liability insurance policies other than those required in connection with ORS 806.060, 806.240 or 806.270. [Formerly 486.551 and then 743.779]
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[Repealed or reserved.]
ORS 742.458 General provisions governing liability policies. Every motor vehicle liability insurance policy shall be subject to the following provisions, which need not be contained therein
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(1) The policy, the written application therefor, if any, and any rider or indorsement that does not conflict with the laws relating to motor vehicle liability insurance policies shall constitute the entire contract between the parties. (2) The satisfaction by the insured of a ju…
ORS 742.460 Insurer’s right to provide for reimbursement and proration. Any motor vehicle liability insurance policy may provide that the insured shall reimburse the insurer for any payment the insurer would not have been obligated to make under the terms of the policy except for the provisions of ORS 742.450 to 742.464, 806.080 and 806.270 and it may further provide for the prorating of the insurance thereunder with other valid and collectible insurance. [Formerly 486.561 and then 743.782; 1995 c.79 §363]
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[Repealed or reserved.]
ORS 742.462 Insurer’s right to settle claims. The insurer shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in respect to a motor vehicle liability insurance policy. [Formerly 486.564 and then 743.784]
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[Repealed or reserved.]
ORS 742.464 Excess coverage permitted; combining policies to meet requirements. Any policy which grants the coverage required for a motor vehicle liability insurance policy under ORS 742.450, 806.080 and 806.270 may also grant any lawful coverage in excess of or in addition to the required coverage, and such excess or additional coverage shall not be subject to the provisions of ORS 742.031, 742.400 and 742.450 to 742.464. With respect to a policy which grants such excess or additional coverage only that part of the coverage which is required by ORS 806.080 and 806.270 is subject to the requirements of those sections. [Formerly 486.566 and then 743.785]
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[Repealed or reserved.]
ORS 742.466 Disputes over coverage for physical damage; independent appraisal; rules. (1) In the event of a dispute between the insurer and insured under a motor vehicle liability policy concerning coverage for physical damage, if the policy contains a provision authorizing the insured to obtain an independent appraisal by a competent and disinterested person of the physical damage, that provision shall apply. An independent appraisal conducted under this section shall be performed by a person who has been issued a vehicle appraiser certificate under ORS 819.480 or a person who has been issued a vehicle appraiser certificate or license by another state or government body
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(2) When a motor vehicle liability policy contains a provision for resolving a dispute through appraisal of a motor vehicle insured under the policy, the insurer shall reimburse the insured for the reasonable appraisal costs if the final appraisal decision under the policy provis…
ORS 742.468 Certain policies not considered motor vehicle liability policies. For purposes of statutes mandating kinds or amounts of coverage that motor vehicle liability policies must contain, the following shall not be considered motor vehicle liability policies
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(1) Comprehensive general liability policies. (2) Excess liability policies. (3) Umbrella liability policies. [1993 c.709 §10] (Motorcycle Discount)
ORS 742.480 Appropriate premium charge reduction for certain motorcycle insurance policies. (1) A rate, rating plan or rating system filed with the Director of the Department of Consumer and Business Services for a motor vehicle insurance policy offering liability, personal injury protection or collision coverage shall provide an appropriate reduction in premium charges for such coverage if
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(a) The principal operator of a covered motorcycle has successfully completed a motorcycle rider education course established under ORS 802.320. The course must be completed no more than three years prior to the beginning of the policy period for which the discounted rate applies…
ORS 742.483 Effective period for premium reduction. Except as otherwise provided in this section, the premium reduction required under ORS 742.480 shall be effective for an insured for a three-year period after successful completion of the approved course. [2009 c.771 §3]
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Note: See note under 742.480.
ORS 742.486 Issuance and presentation of certificates for motorcycle rider education course. An organization offering a motorcycle rider education course established under ORS 802.320 shall issue a certificate to each person who successfully completes the course. The person shall present the certificate to an insurer to qualify for the premium reduction required under ORS 742.480. [2009 c.771 §4]
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Note: See note under 742.480. (Age-Based Discount)
ORS 742.490 Premium reduction; conditions; application. (1) Any rate, rating plan or rating system filed with the Director of the Department of Consumer and Business Services for a motor vehicle insurance policy offering liability, personal injury protection or collision coverage, shall provide an appropriate reduction in premium charges for such coverage if
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(a) The principal operator of the covered vehicle is an insured 55 years of age or older. (b) The principal operator of the covered vehicle has successfully completed, within the appropriate time as specified in this subsection, a motor vehicle accident prevention course approved…
ORS 742.492 Duration of reduction. Except as otherwise provided in this section, the premium reduction required by ORS 742.490 (1) shall be effective for an insured for a three-year period after successful completion of the approved course if the person is less than 70 years of age at the time of taking the course or for a two-year period after successful completion of an approved course if the person is 70 years of age or more at the time of taking the course. An insurer may require, as a condition of maintaining the discount, that the insured
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(1) Not be involved in an accident for which the insured is at fault; and (2) Not be convicted of or plead guilty or nolo contendere to a moving traffic violation. [1989 c.379 §3]
ORS 742.494 Certification of completion of course. Any organization offering a motor vehicle accident prevention course approved by the Department of Transportation shall issue a certificate to each person who successfully completes the course. The person shall present the certificate to an insurer to qualify for the premium discount required under ORS 742.490 (1). [1989 c.379 §5]
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[Repealed or reserved.]
ORS 742.496 Limitation on qualification for discount. No person shall receive a discount under ORS 742.490 to 742.494 if the person takes the approved course as a punishment, specified by a court or other government entity, for a moving traffic violation. [1989 c.379 §6]
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(Uninsured Motorist Coverage)
ORS 742.500 Definitions for ORS 742.500 to 742.506. As used in ORS 742.500 to 742.506
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(1) “Bodily injury” has the meaning given that term in ORS 742.504. (2) “Insured” has the meaning given that term in ORS 742.504. (3)(a) “Motor vehicle” means every self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a public h…
ORS 742.502 Uninsured motorist coverage; underinsurance coverage. (1) Every motor vehicle liability policy that insures against a loss that a natural person suffers and that results from liability imposed by law for bodily injury or death that arises out of owning, maintaining or using a motor vehicle shall provide in the policy or by indorsement on the policy uninsured motorist coverage if the policy is either
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(a) Issued for delivery in this state; or (b) Issued or delivered by an insurer that does business in this state with respect to any motor vehicle then principally used or principally garaged in this state. (2)(a) A motor vehicle bodily injury liability policy must have the same …
ORS 742.504 Required provisions of uninsured motorist coverage. Every policy required to provide the coverage specified in ORS 742.502 shall provide uninsured motorist coverage that in each instance is no less favorable in any respect to the insured or the beneficiary than if the following provisions were set forth in the policy. However, nothing contained in this section requires the insurer to reproduce in the policy the particular language of any of the following provisions
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(1)(a) Notwithstanding ORS 30.260 to 30.300, the insurer will pay all sums that the insured or the heirs or legal representative of the insured is legally entitled to recover as damages from the owner or operator of an uninsured vehicle because of bodily injury sustained by the i…
ORS 742.505 Arbitration procedures under ORS 742.504. Unless the parties agree otherwise, arbitration proceedings under ORS 742.504 shall be conducted as follows
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(1) Parties to an arbitration proceeding shall submit the dispute to arbitration by a panel of three arbitrators. The panel shall consist of one arbitrator chosen by each party and one arbitrator chosen by the two arbitrators previously chosen to sit on the panel. (2) An arbitrat…
ORS 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]
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[Repealed or reserved.]
ORS 742.508 Definitions for ORS 742.508 and 742.510. As used in this section and ORS 742.510
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(1) “Covered motor vehicle” means a private passenger motor vehicle or a self-propelled mobile home that is owned by the named insured for which a premium has been paid for coverage under this section and ORS 742.510. (2) “Insured vehicle” means a motor vehicle described in the d…
ORS 742.510 Property damage coverage for damage to vehicle caused by uninsured vehicle. (1) Every insurer issuing motor vehicle liability insurance policies on private passenger motor vehicles or on self-propelled mobile homes for delivery in this state shall have for sale coverage for property damage to a vehicle of the insured caused by an uninsured vehicle. Coverage offered under this section shall be at least the amount prescribed to meet the requirements of ORS 806.070 for insurance for injury to or destruction of the property of others in any one accident
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(2) A policy with the coverage described in this section does not cover the first $300 of property damage to the covered motor vehicle as the result of an accident with a hit-and-run vehicle or phantom vehicle. In all other cases the first $200 damage is not covered. (3) Coverage…