Insurance Policies Generally

ORS 742.526
Primary nature of benefits


(1)

The personal injury protection benefits with respect to:

(a)

The insured and members of the family of the insured residing in the same household injured while occupying the insured motor vehicle shall be primary.

(b)

Passengers injured while occupying the insured motor vehicle shall be primary.

(c)

The insured and members of family residing in the same household injured as pedestrians shall be primary.

(d)

The insured and members of family residing in the same household injured while occupying a motor vehicle not insured under the policy shall be excess.

(e)

Pedestrians injured by the insured motor vehicle, other than the insured and members of family residing in the same household, shall be excess over any other collateral benefits to which the injured person is entitled, including but not limited to insurance benefits, governmental benefits or gratuitous benefits.

(2)

The personal injury protection benefits may be reduced or eliminated, if it is so provided in the policy, when the injured person is entitled to receive, under the laws of this state or any other state or the United States, workers’ compensation benefits or any other similar medical or disability benefits. [Formerly 743.810]

(formerly 743.810)

Notes of Decisions

Personal injury protection benefits may be offset by benefits collected from another source if the insurance policy so provides. Southwestern Ins. Co. v. Winn, 274 Or 695, 548 P2d 1311 (1976)

Where insurer made personal injury protection payments to insureds who subsequently received workers compensation awards for same injury, former statute did not authorize imposition of equitable trust to recover these payments. Farmers Ins. Co. v. Ownby, 40 Or App 15, 594 P2d 834 (1979)

When damages incurred by insured are greater than personal injury benefits designated by this section as "primary," insurer is liable for "excess" damages to the limits of its coverage and protection benefits are triggered for payment that excess insurance coverage must be greater than primary insurance coverage. Porter v. Utah Home Fire Ins. Co., 58 Or App 729, 650 P2d 130 (1982)

Policy which covers vehicle involved in collision or accident is primary as against policy not covering vehicle. Utah Home Fire Ins. Co. v. Colonial Ins., 300 Or 564, 715 P2d 1112 (1986)

Where plaintiff presently has no entitlement to underinsured motorist benefits under her own insurance contract, personal injury protection insurance benefits under defendant's insured's contract are not excess over underinsured motor coverage. Farley v. Farmers Insurance Co. of Oregon, 83 Or App 99, 730 P2d 598 (1986)

Medical assistance payments made by the state under ORS chapter 414 are "governmental benefits" within the meaning of this section and thus personal injury protection benefits are limited to expenses that exceed any medical assistance payments. Farmers Insurance Co. of Oregon v. Wickham, 86 Or App 100, 739 P2d 30 (1987)

§§ 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
Jun. 26, 2021