(b) A transportation network company shall provide a motor vehicle liability policy with personal injury protection benefits to each driver who operates a personal motor vehicle in affiliation with the transportation network company.
(c) A taxi company shall provide a motor vehicle liability policy with personal injury protection benefits to each driver who operates a taxi in affiliation with the taxi company.
(d) The personal injury protection benefits described in paragraphs (b) and (c) of this subsection must, at all times during which the driver operates the personal motor vehicle or the taxi to provide transportation services to passengers in affiliation with the transportation network company or the taxi company, cover the driver of the personal motor vehicle or taxi, any passengers that occupy the personal motor vehicle or taxi and pedestrians that are struck by the personal motor vehicle or taxi.
(e) Notwithstanding paragraphs (b), (c) and (d) of this subsection, an insurer may exclude from a motor vehicle liability policy for a private passenger motor vehicle any coverage, including personal injury protection benefits, for a loss or injury that occurs while a driver is operating a private passenger motor vehicle to provide transportation services for compensation in affiliation with a transportation network company.
(2) Personal injury protection benefits apply to a person’s injury or death resulting:
(a) In the case of the person insured under the policy and members of that person’s family residing in the same household, from the use, occupancy or maintenance of any motor vehicle, except the following vehicles:
(A) A motor vehicle, including a motorcycle or moped, that is owned or furnished or available for regular use by any of such persons and that is not described in the policy;
(B) A motorcycle or moped which is not owned by any of such persons, but this exclusion applies only when the injury or death results from such person’s operating or riding upon the motorcycle or moped; and
(C) A motor vehicle not included in subparagraph (A) or (B) of this paragraph and, except as provided in paragraph (c) of this subsection, not a private passenger motor vehicle. However, this exclusion applies only when the injury or death results from such person’s operating or occupying the motor vehicle.
(b) In the case of a passenger occupying or a pedestrian struck by the insured motor vehicle, from the use, occupancy or maintenance of the vehicle.
(c) In the case of a person insured under the policy who operates a personal motor vehicle or a taxi with which the person provides transportation services to passengers for compensation in affiliation with a transportation network company or a taxi company, from the use, occupancy or maintenance of the personal motor vehicle or taxi.
(3) Personal injury protection benefits consist of payments for expenses, loss of income and loss of essential services as provided in ORS 742.524.
(4) An insurer shall pay all personal injury protection benefits promptly after proof of loss has been submitted to the insurer.
(5) The potential existence of a cause of action in tort does not relieve an insurer from the duty to pay personal injury protection benefits.
(6) Disputes between insurers and beneficiaries about the amount of personal injury protection benefits, or about the denial of personal injury protection benefits, shall be decided by arbitration if mutually agreed to at the time of the dispute. Arbitration under this subsection shall take place as described in ORS 742.521.
(7) An insurer:
(a) May not enter into or renew any contract that provides, or has the effect of providing, managed care services to beneficiaries.
(b) May enter into or renew any contract that provides evaluation services for beneficiaries. [Formerly 743.800; 1991 c.768 §6; 1993 c.282 §1; 1993 c.596 §39; 1995 c.658 §114; 1997 c.344 §§1,2; 1997 c.808 §§3,4; 1999 c.434 §1; 2003 c.813 §1; 2005 c.465 §3; 2007 c.328 §8; 2021 c.222 §2]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Chapter 742 - Insurance Policies Generally; Property and Casualty Policies
Section 742.001 - Scope of ORS chapters 742, 743, 743A and 743B.
Section 742.003 - Filing and approval of policy forms; rules.
Section 742.005 - Grounds for disapproval of policy forms.
Section 742.007 - Director’s withdrawal of approval.
Section 742.008 - Health savings account exemption from prohibition on deductible.
Section 742.009 - Regulation of sales material; rules.
Section 742.013 - Representations in applications.
Section 742.016 - Policy constitutes entire contract; oral representations by insured.
Section 742.021 - Standard provisions in general.
Section 742.023 - Contents of policies in general.
Section 742.026 - Underwriters’ and combination policies.
Section 742.028 - Additional policy contents.
Section 742.038 - Validity and construction of noncomplying forms.
Section 742.041 - Permissible classes of insurance in one policy.
Section 742.046 - Delivery of policy; website posting as alternative to delivery.
Section 742.048 - Effective date and time of coverage; applicability.
Section 742.053 - Forms for proof of loss.
Section 742.056 - Certain conduct not deemed waiver.
Section 742.058 - Return of premium on destruction of property.
Section 742.061 - Recovery of attorney fees in action on policy or contractor’s bond.
Section 742.150 - Approval by director; limitations on authority of insurer; definition.
Section 742.152 - Limitations on applicability of ORS 742.150.
Section 742.156 - Notice of transfer under assumption reinsurance agreement.
Section 742.162 - Transfer and novation of policy effected by director.
Section 742.200 - Fire insurance not to exceed value of property insured.
Section 742.204 - Exceptions to standard fire insurance policy requirements.
Section 742.206 - Insuring agreement.
Section 742.208 - Concealment; fraud; representations by insured.
Section 742.216 - Conditions suspending insurance.
Section 742.224 - Cancellation.
Section 742.226 - Mortgagee interest and obligation of mortgagee.
Section 742.240 - Suit on policy.
Section 742.246 - Other fire insurance policy provisions permitted.
Section 742.248 - Mutual fire insurers policyholders’ liability; nonassessable policies.
Section 742.254 - Mutual fire insurance policy cancellation.
Section 742.260 - Cancellation of homeowner or fire policy; coverage for child care; definition.
Section 742.276 - Estimates of cost to rebuild or replace covered property.
Section 742.280 - Home protection insurance; rules.
Section 742.282 - Limitations on issuance of mortgage insurance.
Section 742.284 - Insured obligations as legal investments and securities for deposit.
Section 742.356 - Surety insurer may take measures to reduce risk of loss.
Section 742.358 - Release of surety on official bonds by action of obligee.
Section 742.360 - Release of surety on bond of public official by action of surety.
Section 742.362 - Release of surety on depository bond; provision required in such bonds.
Section 742.366 - Cancellation of bond by surety.
Section 742.372 - Guaranteed arrest bond certificate.
Section 742.376 - Requirements to issue guaranteed arrest bond certificate.
Section 742.390 - Reimbursement insurance policy; contents; definitions.
Section 742.392 - Termination of reimbursement insurance policy.
Section 742.405 - Conditions for issuance of medical malpractice insurance.
Section 742.420 - Definitions for ORS 742.420 to 742.440.
Section 742.422 - License requirement for conducting business as discount medical plan organization.
Section 742.424 - Requirement for contract with provider; contents of contract; retention of record.
Section 742.426 - License application; investigation; issuance; grounds for denial.
Section 742.428 - Duties of licensee.
Section 742.430 - License term; renewal; rules.
Section 742.432 - Duties of discount medical plan organization.
Section 742.434 - Prohibited activities.
Section 742.436 - Investigative powers of director; expenses.
Section 742.438 - License suspension, revocation or failure to renew; grounds; effect.
Section 742.440 - Injunction; damages; venue; time for commencing action.
Section 742.447 - Proof of insurance.
Section 742.449 - Prohibition on assignment to high risk category on certain grounds.
Section 742.450 - Contents of motor vehicle liability policy; permitted exclusions; rules.
Section 742.458 - General provisions governing liability policies.
Section 742.466 - Disputes over coverage for physical damage; independent appraisal; rules.
Section 742.468 - Certain policies not considered motor vehicle liability policies.
Section 742.480 - Appropriate premium charge reduction for certain motorcycle insurance policies.
Section 742.483 - Effective period for premium reduction.
Section 742.486 - Issuance and presentation of certificates for motorcycle rider education course.
Section 742.490 - Premium reduction; conditions; application.
Section 742.492 - Duration of reduction.
Section 742.500 - Definitions for ORS 742.500 to 742.506.
Section 742.502 - Uninsured motorist coverage; underinsurance coverage.
Section 742.504 - Required provisions of uninsured motorist coverage.
Section 742.505 - Arbitration procedures under ORS 742.504.
Section 742.508 - Definitions for ORS 742.508 and 742.510.
Section 742.510 - Property damage coverage for damage to vehicle caused by uninsured vehicle.
Section 742.518 - Definitions for ORS 742.518 to 742.542.
Section 742.521 - Conditions applicable to arbitration proceedings.
Section 742.522 - Binding arbitration under ORS 742.520; costs.
Section 742.524 - Contents of personal injury protection benefits; deductibles.
Section 742.525 - Provider charges.
Section 742.526 - Primary nature of benefits.
Section 742.528 - Notice of denial of payment of benefits.
Section 742.530 - Exclusions from coverage.
Section 742.544 - Reimbursement for benefits paid.
Section 742.548 - Required language in disclosure; conditions for rescission of release.
Section 742.558 - Dispute resolution process for total loss vehicles.
Section 742.560 - Definitions for ORS 742.560 to 742.572.
Section 742.562 - Grounds for cancellation of policies; notice required; applicability.
Section 742.564 - Manner of giving cancellation notice.
Section 742.585 - Definitions for ORS 742.585 to 742.600.
Section 742.590 - Personal vehicle sharing program requirements.
Section 742.690 - Limitations on cancellation; refusal to issue or renew insurance.
Section 742.700 - Definitions for ORS 742.700 to 742.710.
Section 742.702 - Grounds for cancellation; notice.
Section 742.706 - Renewal; nonrenewal.
Section 742.710 - Exemptions from provisions of ORS 742.700 to 742.708.