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 1997
 
                         House Bill 2325
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Oregon Trial Lawyers 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.
 
  Modifies amount of reimbursement due personal injury protection
provider when total benefits exceed damages.
 
                        A BILL FOR AN ACT
Relating to personal injury protection benefits; creating new
  provisions; and amending ORS 742.544.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 742.544 is amended to read:
  742.544. (1) A provider of personal injury protection benefits
shall be reimbursed for personal injury protection payments made
on behalf of any person only to the extent that the total amount
of benefits paid exceeds the   { - economic - }  damages   { - as
defined in ORS 31.710 - }  suffered by that person. As used in
this section, 'total amount of benefits' means the amount of
money recovered by a person from:
  (a) Applicable underinsured motorist benefits described in ORS
742.502 (2);
  (b) Liability insurance coverage available to the person
receiving the personal injury protection benefits from other
parties to the accident;
  (c) Personal injury protection payments; and
  (d) Any other payments by or on behalf of the party whose fault
caused the damages.
  (2) Nothing in this section requires a person to repay more
than the amount of personal injury protection benefits actually
received.
  SECTION 2.  { + The amendments to ORS 742.544 by section 1 of
this 2009 Act apply to motor vehicle liability policies issued or
renewed on or after the effective date of this 2009 Act. + }
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