Chapter 174 Oregon Laws 2003

AN ACT

SB 246

Relating to future responsibility filings; amending ORS 806.270.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 806.270 is amended to read:

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

(a) Except as provided by ORS 806.280, 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.

(A) Insured by a policy meeting the requirements under ORS 806.080 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) Be dated as of the date of the motor vehicle policy for which it is given;

(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.

(2) [The department shall not accept any] The certificate or certificates [unless] must cover all vehicles that are registered in the name of or operated by the person [furnishing the proof are covered], except vehicles that are in storage and for which the current registration plates and cards have been surrendered to the department.

(3) [A person who causes a certificate or certificates to be tendered for the future responsibility requirements must file with the department a statement that the certificate or certificates cover all vehicles registered in the person’s name. The department may rely upon the accuracy of the information in a statement as to the extent of the coverage unless and until the department has reason to believe that the information is erroneous.] Unless and until the department has reason to believe otherwise, the department may presume that all vehicles that are required by subsection (2) of this section to be covered by the certificate are covered.

(4) The requirements under this section may be fulfilled by the policies of one or more insurance carriers.

Approved by the Governor May 30, 2003

Filed in the office of Secretary of State June 2, 2003

Effective date January 1, 2004

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