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
 
                           B-Engrossed
 
                         House Bill 2369
                  Ordered by the Senate May 27
 Including House Amendments dated April 8 and Senate Amendments
                          dated May 27
 
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.
 
  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.
   { +  Requires representative of motor vehicle liability
insurer to provide notice to person from whom insurer obtains
release for claim of bodily injuries. Specifies contents of
notice. Allows person to rescind release within specified amount
of time after execution of release. + }
 
                        A BILL FOR AN ACT
Relating to motor vehicles.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2009 Act are 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.  { + If a representative of a motor vehicle
liability insurer obtains a release for a claim of bodily
injuries in person from a person who is eligible to receive
personal injury protection benefits under ORS 742.518 to 742.542:
  (1) The representative of the insurer must provide the eligible
person with a clear and conspicuous notice substantially similar
to the following, which shall be incorporated into the insurer's
release or provided in a separate document:
 
________________________________________________________________
 
  THE DOCUMENT YOU ARE BEING ASKED TO SIGN IS A BINDING CONTRACT
THAT CONCLUDES YOUR CLAIM(S) AGAINST THE PARTIES IT IDENTIFIES.
AFTER YOU SIGN IT YOU WILL NOT BE ABLE TO MAKE ANY FURTHER
CLAIM(S) AGAINST THESE PARTIES. + }
 
________________________________________________________________
 
   { +  (2) The eligible person may rescind the release if the
person provides the insurer written notice of rescission no later
than five business days after the execution of the release and
then promptly performs all other requisite acts for rescission of
a contract. For the purposes of this subsection, notice of
rescission is provided to an insurer on the date and time shown
on a properly addressed proof of mailing or electronic
transmission. + }
  SECTION 4.  { + Sections 2 and 3 of this 2009 Act apply to
motor vehicle accidents that occur on or after the effective date
of this 2009 Act and apply to releases obtained on or after the
effective date of this 2009 Act. + }
                         ----------