ORS 742.522
Binding arbitration under ORS 742.520; costs


(1)

Costs to the insured of the arbitration proceeding under ORS 742.520 (Personal injury protection benefits for motor vehicle liability policies) (6) shall not exceed $100 and all other costs of arbitration shall be borne by the insurer.

(2)

As used in this section, “costs” does not include attorney fees or expenses incurred in the production of evidence or witnesses or the making of transcripts of the arbitration proceedings. [Formerly 743.802; 2007 c.328 §9]

Notes of Decisions

Nonrecovery of attorney fees and costs does not apply to fees and costs incurred in litigating previously arbitrated personal injury protection claim. Kramm v. Mid-Century Ins. Co., 153 Or App 325, 956 P2d 1036 (1998)

Application of pre-1997 version of ORS 742.520 so as to make arbitration binding on nondemanding party denied constitutional right to jury in civil cases. Foltz v. State Farm Mutual Auto. Ins. Co., 326 Or 294, 952 P2d 1012 (1998)

Law Review Citations

31 WLR 737 (1995)

§§ 742.520 to 742.542

(formerly 743.800 to 743.835)

Notes of Decisions

Nothing in PIP statutes prohibits plaintiff from pleading and proving all special damages in a civil action, even though plaintiff has received PIP benefits from his insurer. Koberstein v. Sierra Glass, 65 Or App 409, 671 P2d 1190 (1983), as modified by 66 Or App 883, 675 P2d 1126 (1984), Sup Ct review denied

PIP endorsement which offsets PIP payments against policy’s liability limits does not contravene PIP scheme of these statutes. Edwards v. Bonneville Automobile Insurance Co., 68 Or App 863, 683 P2d 142 (1984), aff’d 299 Or 119, 699 P2d 670 (1985)


Source
Last accessed
May. 15, 2020