Effect of personal injury protection benefits paid
Source:
Section 742.542 — Effect of personal injury protection benefits paid, https://www.oregonlegislature.gov/bills_laws/ors/ors742.html.
Notes of Decisions
Insurer is allowed to subtract personal injury protection benefits paid to its insured from the amount due under the uninsured motorist coverage whether or not the insured is fully compensated for his or her loss. Monaco v. U.S. Fid. and Guar. Co., 275 Or 183, 550 P2d 422 (1976)
Judgment for general damages does not have to be reduced by amount of Personal Injury Protection payments made by defendants to plaintiff’s insurer. McIntire v. Gray, 39 Or App 861, 593 P2d 1273 (1979), Sup Ct review denied
Statute is clear and unambiguous and allows only offset of PIP benefits against uninsured motorist coverage insured receives from own insurer. Staiger v. Burkhart, 68 Or App 548, aff’d 299 Or 49, 698 P2d 487 (1985)
Plaintiff’s uninsured motorist coverage limits cannot be reduced by amount of personal injury protection benefits paid by insured’s insurer. Yokum v. Farmers Ins. Co., 117 Or App 546, 844 P2d 937 (1993), Sup Ct review denied
Underinsured motorist limits can be calculated under ORS 742.502 without conflict with this section. Yokum v. Farmers Ins. Co., 117 Or App 546, 844 P2d 937 (1993), Sup Ct review denied
Limitation on insurer reimbursement entitles insured to policy benefits for personal injury protection and uninsured/underinsured motorist coverage up to level of damages. Farmers Insurance Co. v. Conner, 219 Or App 337, 182 P3d 878 (2008), Sup Ct review denied
“Underinsured motorist coverage policy limits” refers to total amount insured is entitled to recover under policy’s underinsured motorist coverage, not to amount of benefits owed under policy. Farmers Insurance Co. v. Conner, 219 Or App 337, 182 P3d 878 (2008), Sup Ct review denied
Attorney General Opinions
Repayment of War Veterans Fund moneys transferred to General Fund, (1988) Vol 46, p 78, clarified (1989) Vol 46, p 245
Law Review Citations
34 WLR 327 (1998); 44 WLR 253 (2007)
Up to date