ORS 742.464¹
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 (Contents of motor vehicle liability policy), 806.080 (Insurance) and 806.270 (Certificate of insurance) 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 (Bankruptcy clause required in certain liability policies), 742.400 (Duty to report claim of professional negligence to licensing board) and 742.450 (Contents of motor vehicle liability policy) to 742.464 (Excess coverage permitted). 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 (Insurance) and 806.270 (Certificate of insurance) is subject to the requirements of those sections. [Formerly 486.566 and then 743.785]

Notes of Decisions

Under Former Similar Statute

Under this sec­tion, insurer who failed to file notice of cancella­tion re­quired by ORS 806.270 (Certificate of insurance) was liable only for re­quired statutory coverage and not for excess amount of lapsed policy. Oregon Automobile Ins. Co. v. Thorbeck, 283 Or 271, 583 P2d 543 (1978)

Legislative intent in using word "coverage" in this sec­tion is to encompass not only risk insured against but also monetary amount of insurance. Oregon Automobile Ins. Co. v. Thorbeck, 283 Or 271, 583 P2d 543 (1978)

In General

Family exclusion pro­vi­sion of policy is ineffective only as to statutorily re­quired min­i­mum amounts; insurer may limit addi­tional coverage by any exclusion not otherwise prohibited by law. Collins v. Farmers Ins. Co., 312 Or 337, 822 P2d 1146 (1991)

§§ 742.449 (Prohibition on assignment to high risk category on certain grounds) to 742.466 (Disputes over coverage for physical damage)

Notes of Decisions

Where Financial Responsibility Law requires motor vehicle insurance policies to insure against all liability arising out of motor vehicle "ownership, opera­tion, use or maintenance," insurer's named driver policy which insurer sold to insured in connec­tion with insured's vehicle must be construed as providing coverage by law and insurer is responsible for insured's de­fense. Viking Ins. Co. v. Perotti, 308 Or 623, 784 P2d 1081 (1989)

1 Legislative Counsel Committee, CHAPTER 742—Insurance Policies Generally; Property and Casualty Policies, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors742.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 742, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­742ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information