ORS 31.825¹
Assignment of cause of action against insurer

A defendant in a tort action against whom a judgment has been rendered may assign any cause of action that defendant has against the defendant’s insurer as a result of the judgment to the plaintiff in whose favor the judgment has been entered. That assignment and any release or covenant given for the assignment shall not extinguish the cause of action against the insurer unless the assignment specifically so provides. [Formerly 17.100]

Notes of Decisions

Where defendant contractor and plaintiff homeowners associa­tion entered into settle­ment agree­ment that included stipulated judg­ment against defendant, covenant by plaintiff not to execute judg­ment and assign­ment to plaintiff of defendant’s claim against defendant’s insurer for failure to defend defendant, claim against insurer was not extinguished by covenant because claim was not result of any judg­ment as contemplated by this sec­tion. Brownstone Homes Condominium Associa­tion v. Brownstone Forest Heights, 358 Or 223, 363 P3d 467 (2015)

1 Legislative Counsel Committee, CHAPTER 31—Tort Actions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors031.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 31, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano031.­html (2019) (last ac­cessed May 16, 2020).
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.
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