74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1948
 
                         House Bill 2436
 
Sponsored by Representative GARRARD; Representative SCHAUFLER (at
  the request of Oregon Vehicle Dealer Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires insurer to obtain title to any vehicle declared by
insurer to be totaled.
 
                        A BILL FOR AN ACT
Relating to totaled vehicles; creating new provisions; and
  amending ORS 819.014.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 819.014 is amended to read:
  819.014. (1) An insurer commits the offense of insurer failure
to follow procedures for a totaled vehicle if the insurer
declares that the vehicle is a totaled vehicle and does not
 { - : - }
    { - (a) - }  obtain the certificate of title from the owner
of the vehicle as a condition of settlement of the claim and
surrender it to the Department of Transportation within 30 days
of its receipt { + . + }
  { - ; or - }
    { - (b) If the insurer does not obtain the certificate from
the registered owner, notify the department that the vehicle is a
totaled vehicle within 30 days of declaring it to be so, or
taking title to or possession of it, and notify the registered
owner of the vehicle that the registered owner must surrender the
certificate to the department and must notify any subsequent
purchaser that the vehicle is a totaled vehicle. - }
  (2) If the vehicle is one for which title was issued in a form
other than a certificate, the insurer shall notify the department
that the vehicle is a totaled vehicle and shall follow procedures
adopted by the department by rule.
  (3) The offense described in this section, insurer failure to
follow procedures for a totaled vehicle, is a violation of the
Insurance Code, as provided in ORS 746.308.
  SECTION 2.  { + The amendments to ORS 819.014 by section 1 of
this 2007 Act apply to a declaration by an insurer, on or after
the effective date of this 2007 Act, that a vehicle is a totaled
vehicle. + }
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