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2005 Summary of New State Laws - Oregon

(Preliminary List of 2005 Approved/Pending Legislation)

Issue

Bill #

Bill Description

C.L.U.E.

SB 118

Establishes standards for rating and underwriting of homeowners' insurance, requiring disclosure of the use of loss history reports for underwriting and rating, and gives consumers the opportunity to correct, amend or delete information in a loss history report. Effective Jan. 1, 2006. Chapter 489, Laws of 2005.

Miscellaneous New Insurance Provisions

(Commercial Liability Notification Requirements)

HB 2719

Amends timing requirements regarding renewal and cancellation notification for commercial liability policies. Effective Jan. 1, 2006. Chapter 102, Laws of 2005.

Motor Vehicle Insurance

(PIP)

SB 151

Raises the motor vehicle liability coverage required for certain PIP protection benefits. Effective Jan. 1, 2006. Chapter 341, Laws of 2005.

(UI/UIM)

SB 923

Requires UM/UIM coverage to provide coverage for bodily injury or death when the limits for uninsured coverage equal the limits of the liability policy of the person at fault and the amount of the liability insurance recovered is less than the limits for uninsured motorist coverage of the insured. Effective Jan. 1, 2006. Chapter 235, Laws of 2005.

(UI/UIM)

SB 924

Modifies the definition of uninsured vehicle for uninsured motorist coverage to include a stolen vehicle. Effective Jan. 1, 2006 Chapter 246, Laws of 2005.

(UI/UIM)

SB 925

Provides that uninsured motorist coverage is primary with respect to bodily injury to an insured while occupying a vehicle owned by a named insured. Effective Jan. 1, 2006. Chapter 236, Laws of 2005.

(UI/UIM)

SB 926

Modifies the definition of uninsured vehicle for uninsured coverage by deeming a vehicle insured by a company that becomes bankrupt or insolvent an uninsured vehicle. Effective Jan. 1, 2006. Chapter 247, Laws of 2005.

Structured Settlements

SB 645

Regulates the transfer of a beneficiary's structured settlement payment rights. Effective Jan. 1, 2006. Chapter 173, Laws of 2005.

Workers Compensation

(Aggravation Claims)

HB 2405

Requires aggravation claims for workers' compensation injuries to be established by submission of a form signed by the worker or representative and the attending physician. Effective Jan. 1, 2006. Chapter 50, Laws of 2005.

(Claims Review)

HB 2091

Provides that the review process of workers compensation claims decisions made by the department of consumer and business services is governed by the provisions of the Administrative Procedures Act. Effective Jan. 1, 2006. Chapter 26, Laws of 2005.

(Impairment and Permanent Partial Disability)

HB 2408

Amends provisions regarding workers compensation impairment and permanent partial disability. Effective Jan. 1, 2006 and Jan. 1, 2008. Chapter 653, Laws of 2005.

(Impairment and Permanent Partial Disability)

SB 386

Requires that medical examinations used to support termination of benefits include at least one report in which the author personally observed the worker. Effective Jan. 1, 2006. Chapter 461, Laws of 2005.

(Managed Care)

SB 670

Requires the director of consumer and business services to review and approve certain treatment standards for care provided to injured workers by a managed care organization. Effective Jan. 1, 2006. Chapter 364, Laws of 2005.

(Medical Examinations)

SB 311

Requires a worker, when requested, the insurer or self-insured employer to attend an independent medical examination, to use a physician selected from a list of qualified physicians established by the director of consumer and business services. Effective Jan. 1, 2006. Chapter 675, Laws of 2005.

(New or Omitted Medical Conditions)

HB 2294

Provides that if an insurer or self-insured employer denies a claim for a new medical or omitted medical condition, the claimant may request a hearing on the denial. Effective Jan. 1, 2006. Chapter 188, Laws of 2005.

(Reconsideration of Claims)

HB 2404

Provides that a penalty would not be assessed against an insurer or self-insured employer if, on reconsideration of the closure of a workers compensation claim, the increase in compensation results from information that the insurer or self-insured employer could not reasonably have known at the time of claim closure. Effective 90 days after adjournment.

(Reconsideration of Claims)

SB 172

Changes the date for commencement of the reconsideration period for a workers compensation claim when reconsideration is requested by an insurer or self-insured employer to the earlier, rather than later, of the date of the request for reconsideration by the worker, the date of receipt of a waiver from the worker of the right to request reconsideration, or the date of expiration of the right of the worker to request reconsideration. Effective Jan. 1, 2006. Chapter 221, Laws of 2005.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

Oregon State Resource Center