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 1766
 
                           A-Engrossed
 
                         House Bill 2369
                  Ordered by the House April 8
            Including House Amendments dated April 8
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Consumer Protection)
 
 
                             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.
 
    { - Prohibits motor vehicle liability insurer from settling
with injured individual until 60 days after motor vehicle
accident. - }
    { - Provides that settlement agreement may not restrict
ability of insurer to recover personal injury protection benefits
by subrogation. - }
    { - Requires liability insurer to provide to injured
individual plain and concise statement of consequences of
entering into settlement agreement. - }
    { - Exempts from disclosure under public records law traffic
crash exchange reports or similar reports describing vehicular
accidents that are prepared by law enforcement officers. Provides
exceptions to exemption by which traffic exchange reports or
similar reports may be disclosed. - }
   { +  Provides that release for bodily injuries obtained by
motor vehicle liability insurer within 60 days following accident
may not impair ability of insurer to recover personal injury
protection benefits by subrogation. + }
 
                        A BILL FOR AN ACT
Relating to motor vehicles.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2009 Act is added to and made
a part of the Insurance Code. + }
  SECTION 2.  { + (1) When a motor vehicle liability insurer
obtains a release for bodily injuries within 60 calendar days
following an accident from a person who is eligible to receive
personal injury protection benefits under ORS 742.518 to 742.542,
the release must state that, subject to the motor vehicle
liability insurer's applicable limits of liability, the rights of
an insurer furnishing personal injury protection to recover
payments made for medical benefits from the motor vehicle
liability insurer are not impaired.
  (2) Nothing in this section impairs the rights of a motor
vehicle liability insurer to contest a recovery claim from an
insurer furnishing personal injury protection, based upon
liability or the reasonableness or necessity of medical benefits
paid by the insurer furnishing personal injury protection. + }
  SECTION 3.  { + Section 2 of this 2009 Act applies to motor
vehicle accidents that occur on or after the effective date of
this 2009 Act and applies to releases obtained on or after the
effective date of this 2009 Act. + }
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