ORS 806.080
Insurance


(1)

A motor vehicle liability insurance policy used to comply with financial responsibility requirements under ORS 806.060 (Methods of compliance) must meet all of the following requirements:

(a)

It must be a policy or part of a policy designating, by explicit description or by appropriate reference, all motor vehicles for which coverage is provided by the policy.

(b)

It must insure the named insured and all other persons insured under the terms of the policy against loss from the liabilities imposed by law for damages arising out of the ownership, operation, use or maintenance of those motor vehicles by persons insured under the policy. The policy must include in its coverage all persons who, with the consent of the named insured, use the motor vehicles insured under the policy, except for any person specifically excluded from coverage under ORS 742.450 (Contents of motor vehicle liability policy).

(c)

It must provide the minimum limits of coverage required under ORS 806.070 (Minimum payment schedule).

(2)

The requirements for the insurance may be fulfilled by the policies of one or more insurance carriers which policies together meet such requirements. [1983 c.338 §844; 1991 c.768 §8]
(Self-Insurance)

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)

806.010
Driving uninsured prohibited
806.011
Proof of insurance
806.012
Failure to carry proof of compliance with financial responsibility requirements
806.020
Exemptions from financial responsibility requirements
806.040
Judgments for which financial responsibility requirements established
806.050
Falsification of financial responsibility
806.055
Giving false information about liability insurance to police officer
806.060
Methods of compliance
806.070
Minimum payment schedule
806.075
Insurance requirements for person convicted of driving under influence of intoxicants
806.080
Insurance
806.130
Self-insurance
806.140
Certificate
806.150
Department verification program
806.170
Department check on financial certification on accident reports
806.180
Information to be provided when certification of compliance required
806.190
Insurance carrier report of person involved in accident who is in violation of ORS 806.010
806.195
Information submitted by insurers
806.200
Failure to file after accident
806.210
Exemption from requirement to file after accident
806.220
Failure to file after failing verification
806.230
Failure of previous violator to file
806.240
Proof of compliance with future responsibility filing requirement
806.245
Termination of future responsibility filing requirement
806.270
Certificate of insurance
806.280
When certificate of insurer not authorized to do business in this state may be used
806.290
Automatic termination of insurance under future responsibility filing upon subsequent filing
806.300
Failure to surrender license and registration on cancellation of future responsibility filing
Green check means up to date. Up to date