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 1996
A-Engrossed
House Bill 2326
Ordered by the House February 27
Including House Amendments dated February 27
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.
Increases motor vehicle liability coverage required for
property damage and certain personal injury protection benefits.
A BILL FOR AN ACT
Relating to motor vehicle liability coverage; creating new
provisions; and amending ORS 742.524 and 806.070.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 742.524 is amended to read:
742.524. (1) Personal injury protection benefits as required by
ORS 742.520 shall consist of the following payments for the
injury or death of each person:
(a) All reasonable and necessary expenses of medical, hospital,
dental, surgical, ambulance and prosthetic services incurred
within one year after the date of the person's injury, but not
more than $15,000 in the aggregate for all such expenses of the
person. Expenses of medical, hospital, dental, surgical,
ambulance and prosthetic services shall be presumed to be
reasonable and necessary unless the provider is given notice of
denial of the charges not more than 60 calendar days after the
insurer receives from the provider notice of the claim for the
services. At any time during the first 50 calendar days after the
insurer receives notice of claim, the provider shall, within 10
business days, answer in writing questions from the insurer
regarding the claim. For purposes of determining when the 60-day
period provided by this paragraph has elapsed, counting of days
shall be suspended if the provider does not supply written
answers to the insurer within 10 days and { - shall - }
{ + may + } not resume until the answers are supplied.
(b) If the injured person is usually engaged in a remunerative
occupation and if disability continues for at least 14 days, 70
percent of the loss of income from work during the period of the
injured person's disability until the date the person is able to
return to the person's usual occupation. This benefit is subject
to a maximum payment of { - $1,250 - } { + $3,000 + } per
month and a maximum payment period in the aggregate of 52 weeks.
As used in this paragraph, 'income' includes but is not limited
to salary, wages, tips, commissions, professional fees and
profits from an individually owned business or farm.
(c) If the injured person is not usually engaged in a
remunerative occupation and if disability continues for at least
14 days, the expenses reasonably incurred by the injured person
for essential services that were performed by a person who is not
related to the injured person or residing in the injured person's
household in lieu of the services the injured person would have
performed without income during the period of the person's
disability until the date the person is reasonably able to
perform such essential services. This benefit is subject to a
maximum payment of $30 per day and a maximum payment period in
the aggregate of 52 weeks.
(d) All reasonable and necessary funeral expenses incurred
within one year after the date of the person's injury, but not
more than $5,000.
(e) If the injured person is a parent of a minor child and is
required to be hospitalized for a minimum of 24 hours, $25 per
day for child care, with payments to begin after the initial 24
hours of hospitalization and to be made for as long as the person
is unable to return to work if the person is engaged in a
remunerative occupation or for as long as the person is unable to
perform essential services that the person would have performed
without income if the person is not usually engaged in a
remunerative occupation, but not to exceed $750.
(2) With respect to the insured person and members of that
person's family residing in the same household, an insurer may
offer forms of coverage for the benefits required by subsection
(1)(a), (b) and (c) of this section with deductibles of up to
$250.
SECTION 2. ORS 806.070 is amended to read:
806.070. (1) This section establishes a schedule of payments
for the following purposes:
(a) An insurance policy described under ORS 806.080 must
provide for payment of at least amounts necessary to cover the
minimum required payments under this section to qualify for use
for financial responsibility under ORS 806.060.
(b) A person who is self-insured under ORS 806.130 must agree
to pay according to the payment schedule established by this
section.
(c) The payment schedule is the minimum required payment of a
judgment for purposes of ORS 809.020, 809.130 and 809.415.
(2) The schedule of payments is as follows:
(a) $25,000 because of bodily injury to or death of one person
in any one accident;
(b) Subject to that limit for one person, $50,000 because of
bodily injury to or death of two or more persons in any one
accident; and
(c) { - $10,000 - } { + $20,000 + } because of injury to or
destruction of the property of others in any one accident.
SECTION 3. { + The amendments to ORS 742.524 and 806.070 by
sections 1 and 2 of this 2009 Act apply to motor vehicle
insurance policies issued or renewed on or after the effective
date of this 2009 Act. + }
----------