2017 ORS 742.522¹
Binding arbitration under ORS 742.520
  • costs

(1) Costs to the insured of the arbitration proceeding under ORS 742.520 (Personal injury protection benefits for motor vehicle liability policies) (6) shall not exceed $100 and all other costs of arbitration shall be borne by the insurer.

(2) As used in this section, “costs” does not include attorney fees or expenses incurred in the production of evidence or witnesses or the making of transcripts of the arbitration proceedings. [Formerly 743.802; 2007 c.328 §9]

Notes of Decisions

Nonrecovery of attorney fees and costs does not apply to fees and costs incurred in litigating pre­vi­ously arbitrated per­sonal injury protec­tion claim. Kramm v. Mid-Century Ins. Co., 153 Or App 325, 956 P2d 1036 (1998)

Applica­tion of pre-1997 version of ORS 742.520 (Personal injury protection benefits for motor vehicle liability policies) so as to make arbitra­tion binding on nondemanding party denied constitu­tional right to jury in civil cases. Foltz v. State Farm Mutual Auto. Ins. Co., 326 Or 294, 952 P2d 1012 (1998)

Law Review Cita­tions

31 WLR 737 (1995)

(formerly 743.800 to 743.835)

Notes of Decisions

Nothing in PIP statutes prohibits plaintiff from pleading and proving all special damages in a civil ac­tion, even though plaintiff has received PIP benefits from his insurer. Koberstein v. Sierra Glass, 65 Or App 409, 671 P2d 1190 (1983), as modified by 66 Or App 883, 675 P2d 1126 (1984), Sup Ct review denied

PIP endorse­ment which offsets PIP pay­ments against policy’s liability limits does not contravene PIP scheme of these statutes. Edwards v. Bonneville Automobile Insurance Co., 68 Or App 863, 683 P2d 142 (1984), aff’d 299 Or 119, 699 P2d 670 (1985)

1 Legislative Counsel Committee, CHAPTER 742—Insurance Policies Generally; Property and Casualty Policies, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors742.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 742, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano742.­html (2017) (last ac­cessed Mar. 30, 2018).
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.