Tort Actions

ORS 31.825
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)


Last accessed
May 30, 2023