ORS 742.464
Excess coverage permitted; combining policies to meet requirements


Any policy which grants the coverage required for a motor vehicle liability insurance policy under ORS 742.450 (Contents of motor vehicle liability policy), 806.080 (Insurance) and 806.270 (Certificate of insurance) may also grant any lawful coverage in excess of or in addition to the required coverage, and such excess or additional coverage shall not be subject to the provisions of ORS 742.031 (Bankruptcy clause required in certain liability policies), 742.400 (Duty to report claim of professional negligence to licensing board) and 742.450 (Contents of motor vehicle liability policy) to 742.464 (Excess coverage permitted). With respect to a policy which grants such excess or additional coverage only that part of the coverage which is required by ORS 806.080 (Insurance) and 806.270 (Certificate of insurance) is subject to the requirements of those sections. [Formerly 486.566 and then 743.785]

(formerly 486.566, then 743.785)

Notes of Decisions

Under this section, insurer who failed to file notice of cancellation required by ORS 806.270 was liable only for required statutory coverage and not for excess amount of lapsed policy. Oregon Automobile Ins. Co. v. Thorbeck, 283 Or 271, 583 P2d 543 (1978)

Legislative intent in using word “coverage” in this section is to encompass not only risk insured against but also monetary amount of insurance. Oregon Automobile Ins. Co. v. Thorbeck, 283 Or 271, 583 P2d 543 (1978)

Family exclusion provision of policy is ineffective only as to statutorily required minimum amounts; insurer may limit additional coverage by any exclusion not otherwise prohibited by law. Collins v. Farmers Ins. Co., 312 Or 337, 822 P2d 1146 (1991); Farmers Insurance Co. v. Mowry, 350 Or 686, 261 P3d 1 (2011)

§§ 742.449 to 742.466

Notes of Decisions

Where Financial Responsibility Law requires motor vehicle insurance policies to insure against all liability arising out of motor vehicle “ownership, operation, use or maintenance,” insurer’s named driver policy which insurer sold to insured in connection with insured’s vehicle must be construed as providing coverage by law and insurer is responsible for insured’s defense. Viking Ins. Co. v. Perotti, 308 Or 623, 784 P2d 1081 (1989)


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Last accessed
May. 15, 2020