(a) All reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance and prosthetic services incurred within two years after the date of the person’s injury, but not more than $15,000 in the aggregate for all such expenses of the person. Expenses of medical, hospital, dental, surgical, ambulance and prosthetic services are presumed to be reasonable and necessary unless the provider receives notice of denial of the charges not more than 60 calendar days after the insurer receives from the provider notice of the claim for the services. At any time during the first 50 calendar days after the insurer receives notice of claim, the provider shall, within 10 business days, answer in writing questions from the insurer regarding the claim. For purposes of determining when the 60-day period provided by this paragraph has elapsed, counting of days shall be suspended if the provider does not supply written answers to the insurer within 10 days and may not resume until the answers are supplied.
(b) If the injured person is usually engaged in a remunerative occupation and if disability continues for at least 14 days, 70 percent of the loss of income from work during the period of the injured person’s disability until the date the person is able to return to the person’s usual occupation. This benefit is subject to a maximum payment of $3,000 per month and a maximum payment period in the aggregate of 52 weeks. As used in this paragraph, "income" includes but is not limited to salary, wages, tips, commissions, professional fees and profits from an individually owned business or farm.
(c) If the injured person is not usually engaged in a remunerative occupation and if disability continues for at least 14 days, the expenses reasonably incurred by the injured person for essential services that were performed by a person who is not related to the injured person or residing in the injured person’s household in lieu of the services the injured person would have performed without income during the period of the person’s disability until the date the person is reasonably able to perform such essential services. This benefit is subject to a maximum payment of $30 per day and a maximum payment period in the aggregate of 52 weeks.
(d) All reasonable and necessary funeral expenses incurred within one year after the date of the person’s injury, but not more than $5,000.
(e) If the injured person is a parent of a minor child and is required to be hospitalized for a minimum of 24 hours, $25 per day for child care, with payments to begin after the initial 24 hours of hospitalization and to be made for as long as the person is unable to return to work if the person is engaged in a remunerative occupation or for as long as the person is unable to perform essential services that the person would have performed without income if the person is not usually engaged in a remunerative occupation, but not to exceed $750.
(2) With respect to the insured person and members of that person’s family residing in the same household, an insurer may offer forms of coverage for the benefits required by subsection (1)(a), (b) and (c) of this section with deductibles of up to $250. [Formerly 743.805; 1991 c.768 §7; 2003 c.813 §2; 2005 c.341 §1; 2009 c.66 §1; 2015 c.5 §4]
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.