2007 ORS 806.270¹
Certificate of insurance
  • requirements
  • presumption of completeness

(1) A certificate of insurance that is used to comply with future responsibility filing requirements under ORS 806.240 (What constitutes proof of compliance) is subject to all of the following:

(a) Except as provided by ORS 806.280 (When certificate of carrier not authorized to do business in this state may be used), the certificate must be issued by an insurance carrier doing business in this state.

(b) The certificate must show that the person required to make the future responsibility filing is covered by insurance that provides minimum coverage necessary for payment of the schedule of payments under ORS 806.070 (Minimum payment schedule).

(c) The certificate must show that the person required to make the future responsibility filing is either:

(A) Insured by a policy meeting the requirements under ORS 806.080 (Insurance) that also covers all other persons who, with the consent of the insured, use the vehicles owned by the person making the filing; or

(B) Insured against loss arising from liabilities imposed by law for damages arising out of the ownership, operation, use or maintenance of motor vehicles not owned by the person required to make the filing.

(d) The certificate must:

(A) Be dated as of the date of the motor vehicle policy for which it is given;

(B) Contain the policy number; and

(C) Describe all vehicles covered by the policy unless the policy is issued with respect to all vehicles operated by the insured.

(e) The certificate must provide that the insurers will give the Department of Transportation notice of any cancellation of the policy within 10 days after the effective date of the cancellation or termination. The notice requirement under this paragraph does not apply where the insurance is terminated under ORS 806.290 (Automatic termination of insurance under future responsibility filing upon subsequent filing).

(2) The certificate or certificates must cover all vehicles that are registered in the name of or operated by the person, except vehicles that are in storage and for which the current registration plates and cards have been surrendered to the department.

(3) Unless and until the department has reason to believe otherwise, the department may presume that all vehicles that are required by subsection (2) of this section to be covered by the certificate are covered.

(4) The requirements under this section may be fulfilled by the policies of one or more insurance carriers. [1983 c.338 §862; 1985 c.16 §433; 1993 c.751 §31; 1999 c.59 §239; 2003 c.174 §1]

Notes of Decisions

Under Former Similar Statute

Insurer who failed to file financial responsibility notice of cancella­tion under this sec­tion 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)

In General

Insurance policy may cover only nonowned vehicles, and such policy need not cover after-acquired vehicles. Dixie Ins. Co. v. Quesenberry, 103 Or App 60, 795 P2d 1107 (1990), Sup Ct review denied

Atty. Gen. Opinions

Under Former Similar Statute

Coverage where policyholder involved in accident misrepresented driving record, (1980) Vol 40, p 349

Chapter 806

Notes of Decisions

Under Former Similar Statutes (ORS Chapter 486)

When a driver is involved in an accident that otherwise brings him within the purview of this chapter, he must thereafter file proof of future responsibility regardless of whether or not there is a reasonable possibility he was in any de­gree at fault in the accident. Boykin v. Ott, 10 Or App 210, 498 P2d 815 (1972), Sup Ct review denied, app. dis., 411 US 912, 36 L Ed 2d 304, 93 S Ct 1554

This chapter was not unconstitu­tional as denying due process or equal protec­tion of the laws under the U.S. Constitu­tion. Boykin v. Ott, 10 Or App 210, 498 P2d 815 (1972), Sup Ct review denied, app. dis., 411 US 912, 36 L Ed 2d 304, 93 S Ct 1554

This act does not require coverage for inten­tionally inflicted injuries or damages. Snyder v. Nelson/Leatherby Ins., 278 Or 409, 564 P2d 681 (1977)

Inten­tional inflic­tion of injury or damage occurs where injury or damage sustained was intended result of ac­tion. Snyder v. Nelson/Leatherby Ins., 278 Or 409, 564 P2d 681 (1977)

Motor vehicle liability policy issued pursuant to Financial Responsibility Law must provide coverage for liability arising from physical injuries to relatives of insured who reside in insured's household. Dowdy v. Allstate Ins. Co., 68 Or App 709, 685 P2d 444 (1984), Sup Ct review denied

In General

Financial responsibility laws generally are to ensure that drivers can respond in damages for liability and especially to ensure that motor vehicle accident victims are compensated for injuries. State Farm Fire and Casualty Co. v. Jones, 306 Or 415, 759 P2d 271 (1988)

Car insurance policy violated Financial Responsibility Law where it excluded liability coverage for permissive user's injury of insured while driving insured's car. State Farm Fire and Casualty Co. v. Jones, 306 Or 415, 759 P2d 271 (1988)

Automobile insurance policy must cover not only named insured but also must provide coverage for all per­sons who operate insured vehicle with con­sent of insured. Viking Ins. Co. v. Petersen, 308 Or 616, 784 P2d 437 (1989)

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)

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)

Atty. Gen. Opinions

Under Former Similar Statutes (ORS Chapter 486)

Financial responsibility certifica­tion date and necessary in­for­ma­­tion, (1978) Vol 38, p 1876

Law Review Cita­tions

Under Former Similar Statutes (ORS Chapter 486)

8 WLJ 77-84 (1972); 12 WLJ 406-412 (1976)


1 Legislative Counsel Committee, CHAPTER 806—Financial Responsibility Law, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­806.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 806, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­806ano.­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.