Insurance Policies Generally

ORS 742.542
Effect of personal injury protection benefits paid


Payment by a motor vehicle liability insurer of personal injury protection benefits for its own insured shall be applied in reduction of the amount of damages that the insured may be entitled to recover from the insurer under uninsured or underinsured motorist coverage for the same accident but may not be applied in reduction of the uninsured or underinsured motorist coverage policy limits. [Formerly 743.835; 1997 c.808 §10]

(formerly 743.835)

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

Atty. Gen. 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)

§§ 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