Uninsured motorist coverage
- underinsurance coverage
Source:
Section 742.502 — Uninsured motorist coverage; underinsurance coverage, https://www.oregonlegislature.gov/bills_laws/ors/ors742.html
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See also annotations under ORS 743.789 in permanent edition.
Notes of Decisions
Insurer’s notification of availability of increased uninsured motorist coverage satisfied requirement of “offer” under this section. Beck v. Powell, 113 Or App 318, 832 P2d 1254 (1992), Sup Ct review denied
Underinsured motorist limits can be calculated without conflict with ORS 742.542. Yokum v. Farmers Ins. Co., 117 Or App 546, 844 P2d 937 (1993), Sup Ct review denied
Underinsured motorist coverage applies only where dollar amount of tortfeasor’s policy is exceeded, notwithstanding that recovery limitations imposed by law may prevent full recovery of damages. Dasteur v. American Economy Ins. Co., 127 Or App 686, 874 P2d 85 (1994), Sup Ct review denied
Whether car is underinsured is determined by comparing per accident policy limitations, not per person policy limitations. Windsor Ins. Co. v. Judd, 321 Or 379, 898 P2d 761 (1995)
Where policy was initially issued prior to effective date of 1993 amendments to this section, appropriate remedy for insurer’s failure to make required offering of uninsured motorist coverage is to read into insurance contract coverage insurer should have offered. Savage v. Grange Mutual Insurance Co., 158 Or App 86, 970 P2d 695 (1999), Sup Ct review denied
Failure of insurer to offer increased uninsured motorist insurance at time of policy issuance dictates imputing increased coverage, notwithstanding policyholder election at subsequent time to decline increased coverage. Buccino v. California Casualty Insurance Co., 159 Or App 654, 978 P2d 441 (1999), Sup Ct review denied
For single-limit policy, amount recoverable by insured as underinsured or uninsured motorist benefit is subject to offset only by those amounts paid by other sources on account of injury to that individual insured. Grijalva v. Safeco Insurance Co., 329 Or 36, 985 P2d 784 (1999)
Statutory exclusion of insured vehicles from definition of uninsured vehicle in ORS 742.504 is applicable to underinsured motorist coverage. Wright v. State Farm Mutual Automobile Insurance Co., 332 Or 1, 22 P3d 744 (2001)
Where multiple claimants obtain recovery under liability policy, provisions of this section allowing recovery equal to amount by which underinsured motorist insurance exceeds claimant’s recovery supersede requirement of this section that damages or death arise from vehicle insured for less than amount of underinsured motorist coverage. Takano v. Farmers Insurance Co., 184 Or App 479, 56 P3d 491 (2002), Sup Ct review denied
Under 2001 version of statute, whether tortfeasor was underinsured was determined by comparing insurance policy limit of tortfeasor with policy limit of insured. Mid-Century Insurance Co. v. Perkins, 209 Or App 613, 149 P3d 265 (2006), aff’d 344 Or 196, 179 P3d 633 (2008), modified 345 Or 373, 195 P3d 59 (2008)
Under 2001 version of this section, phrase “Uninsured motorist coverage benefits” means uninsured motorist liability limits in policy of insured, not total amount of damages incurred. Vogelin v. American Family Mutual Insurance Co., 346 Or 490, 213 P3d 1216 (2009)
Provision that subjects underinsurance coverage to model policy terms requires model policy terms to apply equally to uninsured motorist and underinsured motorist coverage unless application of terms is inconsistent with mandate to provide underinsured motorist coverage. Vogelin v. American Family Mutual Insurance Co., 346 Or 490, 213 P3d 1216 (2009)
Insurer may offset tortfeasor liability payment against policy limit for uninsured motorist liability. Vogelin v. American Family Mutual Insurance Co., 346 Or 490, 213 P3d 1216 (2009)
Law Review Citations
34 WLR 327 (1998); 44 WLR 253 (2007)