75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2190
 
LC 360/HB 2190-4
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2190
 
               By COMMITTEE ON CONSUMER PROTECTION
 
                           February 17
 
  In line 2 of the printed bill, after 'insurance' insert ';
creating new provisions; and amending ORS 742.466'.
  In line 4, delete 'to 4' and insert 'and 3'.
  Delete lines 6 through 19 and insert:
  '  { +  SECTION 2. + }  { + When an insurer declares a motor
vehicle a total loss and offers to make a cash settlement to an
insured or third-party owner of the motor vehicle, the insurer
shall provide the insured or third-party owner:
  ' (1) Any valuation or appraisal reports relied upon by the
insurer to determine value; and
  ' (2) A written statement in a form provided by the Director of
the Department of Consumer and Business Services that includes:
  ' (a) Information about total loss, vehicle valuation and the
duties of the insurer; and
  ' (b) The manner in which and under what circumstances the
insured may contact the Insurance Division of the Department of
Consumer and Business Services. + }
  '  { +  SECTION 3. + }  { + (1) An insurer shall pay the
insured or third-party owner of a motor vehicle the amount of the
motor vehicle's value that is not in dispute if the insurer
declares the motor vehicle a total loss and the insurer and the
insured or third-party owner are unable to agree on the value of
the motor vehicle. Acceptance of payment of the undisputed amount
neither waives the rights of the insured or third-party owner
under the policy nor prevents the insured or third-party owner
from pursuing a claim for additional amounts. Payment of the
undisputed amount by the insurer does not waive any rights of the
insurer under the policy.
  ' (2) An insurer is not obligated to pay the undisputed amount
under subsection (1) of this section until the insured or
third-party owner of the motor vehicle:
  ' (a) Agrees to execute documents sufficient to transfer
ownership of the motor vehicle to the insurer; and
  ' (b) Authorizes the insurer, at the insurer's expense, to move
the motor vehicle to a disclosed location selected by the
insurer, where the motor vehicle will remain available for
inspection and evaluation for not fewer than 14 calendar days.
  ' (3) After the expiration of the 14-day period under
subsection (2) of this section, the insurer may proceed with the
salvage sale of the motor vehicle. + }
  '  { +  SECTION 4.  + }ORS 742.466 is amended to read:
  ' 742.466. (1) In the event of a dispute between the insurer
and insured under a motor vehicle liability policy concerning
coverage for physical damage, if the policy contains a provision
authorizing the insured to obtain an independent appraisal by a
disinterested party of the physical damage, that provision shall
apply.
  '  { +  (2) When a motor vehicle liability policy contains a
provision for resolving a dispute through appraisal of a motor
vehicle insured under the policy, the insurer shall reimburse the
insured for the reasonable appraisal costs if the final appraisal
decision under the policy provision is greater than the amount of
the insurer's last offer prior to the incurrence of the appraisal
costs. + }
  '  { - (2) - }  { +  (3) + } If a motor vehicle liability
policy does not contain a provision described in subsection (1)
of this section, then notwithstanding any other provision of the
policy, any resolution of the dispute shall be subject to rules
adopted by the Director of the Department of Consumer and
Business Services.'.
  In line 22, delete 'Sections 3 and 4' and insert 'Section 3 of
this 2009 Act and the amendments to ORS 742.466 by section 4'.
                         ----------