Notice of denial of payment of benefits
Source:
Section 742.528 — Notice of denial of payment of benefits, https://www.oregonlegislature.gov/bills_laws/ors/ors742.html
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Notes of Decisions
Where defendant insurer failed to send timely denial of personal injury protection claims as required by this section and ORS 742.524 because of insured’s repeated failure to attend required medical examination within 60-day post-claim period to determine whether medical expenses were “reasonable and necessary,” insurer had contractual right to compel medical examination and obligation to investigate insured’s personal injury protection claims, but still had obligation under this section and ORS 742.524 to issue timely denial based on information insurer had or could reasonably obtain or expenses were presumed reasonable and necessary. McBride v. State Farm Mutual Automobile Ins. Co., 282 Or App 675, 386 P3d 679 (2016), Sup Ct review denied