Luvaas Cobb :: Oregon Auto Insurance

Luvaas Cobb
The Forum Building
777 High Street, Suite 300
Eugene, OR 97401
Ph: (541) 484-9292
Fax: (541) 343-1206

» Oregon Auto Insurance

Joel DeVore / Luvaas Cobb

PIP insurers limited to statutes’ options
for PIP recovery from accident victims

Report on decision rejecting PIP insurer's belated attempt to recoup PIP benefits from accident victim using theories of breach of contract (policy's "no prejudice" term), PIP insurer as third party beneficiary of release, and breach of fiduciary duty to hold PIP money in trust.

» Full Article

Oregon Law Commission Braves Auto Insurance Controversies

Surveys recent legislative repairs dealing with required liability coverage for permissive drivers of rental cars and other “self-insured” cars, UM/UIM coverage for victims of “self-insured” cars, UM/UIM coverage for injuries caused by cars insured by belated bankrupt liability insurers, the UM/UIM gap when there are matching limits and multiple claimants, the government car hole in everyone’s UM/UIM coverage, and elimination of the reduction in liability coverage for injuries to a family member or household member. Highlights pending cases on conflicting limits on insurers’ PIP recovery. Calls attention to the time limit trap on bringing UIM claims, unauthorized boilerplate liability exclusions, and surprise attorney fees in small PIP claims.

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Oregon Insurance Statutes and Case Law

A survey of Oregon statutes and case law setting requirements for insurance coverage demanded of every policy.

(All links open to PDF files.)

Part One: Liability Coverage – The Financial Responsibility Law

Required insurance limits. Permissive users. “Self-insured” rental or government cars. Exclusions. Reduced limits for household members. Intentional injury.

Part Two: Uninsured and Underinsured Motorist Coverage

Definition of terms. Reductions on amounts paid. Overlapping coverages or “other insurance.” Stacking. Time limitations. Attorney fees. Arbitration. Combined single limits. Exhaustion of liability limits. Reimbursement rights. Property damage.

Part Three: Personal Injury Protection (PIP) Coverage

Benefits. Medical expenses. Lost wages. Persons covered. Stacking coverage. Exclusions. Arbitration. Reimbursement. Reduction of judgments for PIP benefits. Repayment limitations.

Update: PIP Offset in UIM Claim Versus PIP Reimbursement

PIP Offset From Full UIM "Damages" Rather Than From Liability Proceeds: ORS 742.542 Versus ORS 742.544.

Update: Effect of Matching Liability and UIM Limits

No Underinsurance Claim When Liability Limit or Proceeds Equals Underinsurance Limit.