Insurance
Source:
Section 806.080 — Insurance, https://www.oregonlegislature.gov/bills_laws/ors/ors806.html
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Notes of Decisions
Claim of negligent entrustment by owner of vehicle is claim arising out of ownership of insured vehicle and must be covered under this section. Viking Ins. Co. v. Petersen, 308 Or 616, 784 P2d 437 (1989)
Policy provision excluding coverage for automobiles leased or rented by insured to others is void as contrary to law. Mathews v. Federated Service Ins. Co., 122 Or App 124, 857 P2d 852 (1993), Sup Ct review denied
“Business use” exclusion in policy does not violate financial responsibility law because exclusion permissibly limits coverage that is in excess of that required by statute. United Services Automobile Assn. v. Reilly, 122 Or App 459, 858 P2d 457 (1993)
Policies of one or more insurance carriers may be used together to fulfill requirements of insurance only where policies individually meet requirement that coverage include all persons using vehicle with consent of insured. Safeco Insurance Co. v. American Hardware Mutual Insurance Co., 169 Or App 405, 9 P3d 749 (2000)
“Use” of motor vehicle for which policy must provide coverage means act that employs or utilizes vehicle to person’s advantage. Trus Joist MacMillan v. John Deere Insurance Co., 171 Or App 476, 15 P3d 995 (2000), Sup Ct review denied
Person identified as insured in motor vehicle insurance policy does not consent to use of vehicle where person instructs borrower of vehicle to not allow any other person to use vehicle and borrower allows third person to use vehicle. Laird v. Allstate Insurance Co., 232 Or App 162, 221 P3d 780 (2009), Sup Ct review denied
Provision excepting persons excluded from coverage does not invalidate insurance policy that excludes from coverage one employee’s liability to another employee of same employer. Garrett v. New Hampshire Insurance Co., 860 F. Supp. 2d 1203 (D. Or. 2012)
Law Review Citations
44 WLR 253 (2007)