§ 742.595 — Assumption of liability; exceptions; indemnification; prohibition on policy cancellation

Oregon § 742.595

• Jurisdiction: Oregon
• Vol.: 18
• Title 56: Insurance
• Ch. 742: Insurance Policies Generally; Property and Casualty Policies

Text

(1) Notwithstanding any provision in the owner’s insurance policy and notwithstanding ORS chapters 742, 806, 822 and 825 and ORS 30.010 to 30.100, 30.135, 30.480 and 30.485, in the event of any loss or injury that occurs at any time when the vehicle is under the operation and control of a person, other than the vehicle’s registered owner, pursuant to a personal vehicle sharing program, or is otherwise under the control of a personal vehicle sharing program, the program shall assume all liability of the vehicle owner and shall be considered the vehicle owner for all purposes.
(2) Nothing in subsection (1) of this section:
(a) Limits the liability of a personal vehicle sharing program for any acts or omissions by the program that result in injury to any persons as a result of the use or operation of the program; or
(b) Limits the ability of the personal vehicle sharing program to, by contract, seek indemnification from the vehicle’s registered owner for any claims paid by the personal vehicle sharing program for any loss or injury resulting from fraud or material misrepresentation in the maintenance of the vehicle by the vehicle’s registered owner.
(3) A personal vehicle sharing program continues to be liable under subsection (1) of this section until:
(a) The vehicle is returned to a location designated by the program; and
(b)(A) The expiration of the time period established for the vehicle occurs;
(B) The intent to terminate the vehicle’s personal vehicle sharing use is verifiably communicated to the program; or
(C) The vehicle’s registered owner takes possession and control of the vehicle.
(4)(a) A personal vehicle sharing program shall assume liability for a claim in which a dispute exists as to who was in control of a private passenger motor vehicle when the loss giving rise to the claim occurred.
(b) The insurer of the vehicle shall indemnify the program to the extent of the insurer’s obligation under the owner’s insurance policy, if it is determined that the vehicle’s registered owner was in control of the vehicle at the time of the loss.
(5) If a private passenger motor vehicle’s registered owner is named as a defendant in a civil action for any loss or injury that occurs at any time when the vehicle is under the operation and control of a person, other than the vehicle’s registered owner, pursuant to a personal vehicle sharing program, or is otherwise under the control of a personal vehicle sharing program, the program shall have the duty to defend and indemnify the vehicle’s registered owner.
(6) Notwithstanding any provision in the owner’s insurance policy, while the vehicle is under the operation and control of a person, other than the vehicle’s registered owner, pursuant to a personal vehicle sharing program, or is otherwise under the control of a personal vehicle sharing program:
(a) The insurer of the vehicle on file with the Department of Transportation may exclude any and all coverage afforded under the insurer’s policy; and
(b) A primary or excess insurer of the owners, operators or maintainers of the vehicle may notify an insured that the insurer has no duty to defend or indemnify any person or organization for liability for any loss that occurs during use of the vehicle pursuant to a personal vehicle sharing program.
(7) An owner’s insurance policy for a private passenger motor vehicle may not be canceled, voided, terminated, rescinded or nonrenewed solely on the basis that the vehicle has been made available for personal vehicle sharing pursuant to a personal vehicle sharing program that is in compliance with the provisions of ORS 742.585 to 742.600.

Legislative History

2011 c.457 §4