ORS 30.485
Apportionment of damages; insurance issues excluded from jury consideration


(1)

If the amount awarded by a court to multiple claimants exceeds the total amount limited under ORS 30.480 (Limitation on liability of volunteers) (1) or (2), the court shall apportion a proper share of that total amount to each claimant to whom ORS 30.480 (Limitation on liability of volunteers) (1) or (2) applies.

(2)

If the amount settled upon by multiple claimants exceeds the total amount limited under ORS 30.480 (Limitation on liability of volunteers) (1) or (2), any party may apply to any circuit court to apportion a proper share of that total amount to each claimant to whom ORS 30.480 (Limitation on liability of volunteers) (1) or (2) applies.

(3)

The share apportioned under subsection (1) or (2) of this section to each claimant to whom ORS 30.480 (Limitation on liability of volunteers) (1) or (2) applies shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the occurrence that are made by all claimants to whom ORS 30.480 (Limitation on liability of volunteers) (1) or (2) applies.

(4)

Nothing in this section or ORS 30.480 (Limitation on liability of volunteers) authorizes the issues of insurance coverage or the amount of insurance coverage to be presented to a jury. [1983 c.468 §3]

Source
Last accessed
May. 15, 2020