Subrogation rights of insurers to certain amounts received by injured person
- recovery actions against persons causing injury
Source:
Section 742.538 — Subrogation rights of insurers to certain amounts received by injured person; recovery actions against persons causing injury, https://www.oregonlegislature.gov/bills_laws/ors/ors742.html.
Notes of Decisions
Former similar statute did not authorize imposition of trust by insurer against workers compensation carrier who made payments to insured or against insurers who received payments as neither were “motorists legally responsible.” Farmers Insurance Co. v. Ownby, 40 Or App 15, 594 P2d 834 (1979)
Provision allowing insurer to require that insured bring action to recover amount of insurance benefits paid does not permit insured to bring second action on claim against tortfeasor. Wynia v. Fick, 162 Or App 365, 986 P2d 625 (1999), Sup Ct review denied
Use of process under ORS 742.534 does not bar claim filed pursuant to this section for moneys that cannot be claimed under ORS 742.534. Providence Health Plan v. Charriere, 666 F. Supp. 2d 1169 (D. Or. 2009)
Where company contracted with Oregon Public Employees Benefits Board to serve as third-party administrator for self-insured health plan and agreed that it was health care service contractor and would comply with statutes governing health care service contractors, company was deemed insurer, was required to follow statutory reimbursement requirements, and company’s failure to comply barred its breach of contract claim asserting subrogation rights against plan member. Providence Health Plan v. Allen, 299 Or App 128, 449 P3d 504 (2019), Sup Ct review denied
Law Review Citations
27 WLR 562 (1991)
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