Financial Responsibility Law

ORS 806.270
Certificate of insurance

  • requirements
  • presumption of completeness

(1)

A certificate of insurance that is used to comply with future responsibility filing requirements under ORS 806.240 (Proof of compliance with future responsibility filing requirement) is subject to all of the following:

(a)

Except as provided by ORS 806.280 (When certificate of insurer not authorized to do business in this state may be used), the certificate must be issued by an insurance carrier doing business in this state.

(b)

The certificate must show that the person required to make the future responsibility filing is covered by insurance that provides minimum coverage necessary for payment of the schedule of payments under ORS 806.070 (Minimum payment schedule).

(c)

The certificate must show that the person required to make the future responsibility filing is either:

(A)

Insured by a policy meeting the requirements under ORS 806.080 (Insurance) that also covers all other persons who, with the consent of the insured, use the vehicles owned by the person making the filing; or

(B)

Insured against loss arising from liabilities imposed by law for damages arising out of the ownership, operation, use or maintenance of motor vehicles not owned by the person required to make the filing.

(d)

The certificate must:

(A)

Include the effective date of the certification;

(B)

Contain the policy number; and

(C)

Describe all vehicles covered by the policy unless the policy is issued with respect to all vehicles operated by the insured.

(e)

The certificate must provide that the insurers will give the Department of Transportation notice of any cancellation of the policy within 10 days after the effective date of the cancellation or termination. The notice requirement under this paragraph does not apply where the insurance is terminated under ORS 806.290 (Automatic termination of insurance under future responsibility filing upon subsequent filing).

(2)

The certificate or certificates must cover all vehicles that are registered in the name of or operated by the person, except vehicles that are in storage and for which the current registration plates and cards have been surrendered to the department.

(3)

Unless the department has reason to believe otherwise, the department may presume that the certificate covers all vehicles described in subsection (2) of this section.

(4)

The requirements under this section may be fulfilled by the policies of one or more insurance carriers. [1983 c.338 §862; 1985 c.16 §433; 1993 c.751 §31; 1999 c.59 §239; 2003 c.174 §1; 2009 c.257 §8]

Notes of Decisions

Under former similar statute

Insurer who failed to file financial responsibility notice of cancellation under this section was liable only for required statutory coverage and not for excess amount of lapsed policy. Oregon Automobile Ins. Co. v. Thorbeck, 283 Or 271, 583 P2d 543 (1978)

In general

Insurance policy may cover only nonowned vehicles, and such policy need not cover after-acquired vehicles. Dixie Ins. Co. v. Quesenberry, 103 Or App 60, 795 P2d 1107 (1990), Sup Ct review denied

ATTY. GEN. OPINIONS

Under former similar statute

Coverage where policyholder involved in accident misrepresented driving record, (1980) Vol 40, p 349

Source

Last accessed
May 26, 2023

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