75th OREGON LEGISLATIVE ASSEMBLY--2009 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 360
 
                         House Bill 2190
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Consumer and Business Services)
 
 
                             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 provide owner written documentation to
support valuation of totaled motor vehicle when vehicle is
declared total loss.
  Requires insurer to pay amount not in dispute when there is
disagreement over value of totaled motor vehicle.
  Allows owner of totaled motor vehicle to recover reasonable
appraisal costs from insurer when final appraisal valuation is
greater than insurer's final offer.
 
                        A BILL FOR AN ACT
Relating to valuations under motor vehicle liability insurance.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 to 4 of this 2009 Act are added to
and made a part of the Insurance Code. + }
  SECTION 2.  { + When an insurer declares a motor vehicle a
total loss and offers to make a cash settlement to an insured or
to a third-party owner of the vehicle, the insurer shall provide
the insured or third-party owner a written explanation in a form
approved by the Director of the Department of Consumer of
Business Services of the method the insurer used to determine the
value of the motor vehicle. + }
  SECTION 3.  { + A motor vehicle liability insurance policy
shall contain a provision stating that the insurer shall pay the
insured or third-party owner of the vehicle the amount not in
dispute if the insurer has declared a 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. + }
  SECTION 4.  { + When a motor vehicle liability insurance policy
contains a provision for resolving a dispute through appraisal of
a motor vehicle insured under the policy, the provision shall
include a requirement that the insurer reimburse the insured for
the reasonable appraisal costs if the final appraisal valuation
under the policy provision is greater than the amount of the
insurer's last offer prior to the incurrence of the appraisal
costs. + }
  SECTION 5.  { + (1) Section 2 of this 2009 Act applies to a
determination of loss made on or after the effective date of this
2009 Act.
 
  (2) Sections 3 and 4 of this 2009 Act apply to motor vehicle
liability insurance policies issued or renewed on or after the
effective date of this 2009 Act. + }
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