ORS 806.130
Self-insurance

Text
Annotations 3

(1)

To qualify as a self-insurer for purposes of financial responsibility requirements under ORS 806.060 (Methods of compliance), a person must do all of the following:

(a)

Apply to the Department of Transportation and be issued by the department a certificate of self-insurance under ORS 806.140 (Certificate).

(b)

Either:

(A)

Establish to the satisfaction of the department that the person possesses and will continue to possess the ability to pay and discharge judgments described under ORS 806.040 (Judgments for which financial responsibility requirements established) that might be obtained against the applicant; or

(B)

Be qualified under the laws of the State of Oregon or under an ordinance of a city of this state to act as a self-insurer and be acting as a self-insurer.

(c)

Agree to provide the same coverage and to pay the same amounts with respect to an accident occurring while the certificate is in force that an insurer would be obligated to provide and to pay under a motor vehicle liability insurance policy, including providing the coverage required under ORS 806.080 (Insurance) (1)(b) and uninsured motorist coverage and liability coverage to at least the limits specified in ORS 806.070 (Minimum payment schedule).

(d)

Have more than 25 motor vehicles including commercial buses registered in the person’s name.

(2)

Intentionally left blank —Ed.

(a)

If an accident occurs while a certificate of self-insurance issued under ORS 806.140 (Certificate) is in force, the liability protection provided and the amounts paid under subsection (1)(c) of this section are secondary to any motor vehicle liability insurance or uninsured motorist coverage available to a customer of the self-insurer, an operator of the self-insured vehicle or an occupant of the self-insured vehicle unless otherwise agreed to by the self-insurer. A self-insurer is required to provide the minimum payments established under ORS 742.502 (Uninsured motorist coverage) and 806.070 (Minimum payment schedule) only when the motor vehicle liability insurance policy of a customer of the self-insurer or an operator of the self-insured vehicle does not provide the minimum required payments established in ORS 742.502 (Uninsured motorist coverage) and 806.070 (Minimum payment schedule).

(b)

A self-insurer may recover from a customer of the self-insurer or an operator of the self-insured vehicle the amounts paid under subsection (1)(c) of this section.

(3)

Nothing in this section requires a self-insurer to provide liability coverage when a person is operating the vehicle without permission of the self-insurer. [1983 c.338 §849; 1985 c.16 §430; 2007 c.287 §1]

Source: Section 806.130 — Self-insurance, https://www.oregonlegislature.gov/bills_laws/ors/ors806.html.

Notes of Decisions

Self-insurer is not subject to requirement that coverage be supplied to all users of vehicle. Farmers Ins. Co. v. Snappy Car Rental, Inc., 128 Or App 516, 876 P2d 833 (1994), Sup Ct review denied

Self-insurer is not subject to ORS 742.450 provision specifying amount of uninsured motorist coverage to be provided by motor vehicle liability insurance policy. Thompson v. Estate of Adrian L. Pannell, 176 Or App 90, 29 P3d 1184 (2001), Sup Ct review denied

Law Review Citations

44 WLR 253 (2007)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 806.130 Self-insurance

(1)

(a)

(b)

(A)

(B)

(c)

(d)

(2)

(a)

(b)

(3)

Notes of Decisions

Law Review Citations

ORS 806.130
Self-insurance