ORS 742.031
Bankruptcy clause required in certain liability policies


A policy of insurance against loss or damage resulting from accident to or injury suffered by an employee or other person and for which the person insured is liable, or against loss or damage to property caused by horses or by any vehicle drawn, propelled or operated by any motive power, and for which loss or damage the person insured is liable, shall contain within such policy a provision substantially as follows: “Bankruptcy or insolvency of the insured shall not relieve the insurer of any of its obligations hereunder. If any person or legal representative of the person shall obtain final judgment against the insured because of any such injuries, and execution thereon is returned unsatisfied by reason of bankruptcy, insolvency or any other cause, or if such judgment is not satisfied within 30 days after it is rendered, then such person or legal representatives of the person may proceed against the insurer to recover the amount of such judgment, either at law or in equity, but not exceeding the limit of this policy applicable thereto.” [Formerly 743.783 and then 743.772]

(formerly 743.783, then 743.772)

See also annotations under ORS 743.783 in permanent edition.

Notes of Decisions

Evidence proffered by automobile insurer was insufficient to prove that its insured willfully avoided cooperation in defending personal injury action, and thus person injured by insured in automobile accident was entitled to recover from insurer under this section. Rosalez v. Unigard Insurance Co., 283 Or 63, 581 P2d 945 (1978)

This section requires that every insurance contract contain clause allowing judgment creditor to proceed against insurance company. NW Marine Iron v. Western Casualty, 45 Or App 269, 608 P2d 199 (1980), Sup Ct review denied


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Last accessed
May. 15, 2020