 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
City of Salem v. Salisbury5/31/2000
uninsured motorist coverage or personal injury protection benefits, insurance benefits, governmental benefits or gratuitous benefits." B-Engrossed SB 245, 1979 Legislative Assembly.
Section 4 eventually became ORS 278.215.
At a Senate Judiciary Committee work session on Senate Bill 245, the committee discussed the precise issue raised by this case. Tape recording, Senate Judiciary Committee, SB 245, April 30, 1979, Tape 37, Side 1. Senator James Gardner inquired about the references to workers' compensation in the bill, and, in response, Senator Cook explained that those provisions were intended to prevent duplicate recovery for the same injuries. Legislative Counsel Diana Godwin confirmed that the provisions dealt with collateral sources of recovery. After considerable discussion about whether any excess over workers' compensation benefits could be collected by an injured person, Senator Gardner asked specifically whether a bus driver could recover from the uninsured motorist policy of the bus company. Godwin replied that if the legislature required a bus company to carry uninsured motorist coverage, "we're going to allow the driver not only to collect workers' compensation but to collect on the UM policy of the bus company." Id. Senators Brown and Cook agreed, explaining that it would put the bus driver in the same position as an operator of privately-owned vehicles.
Not entirely persuaded, Senator Gardner asked to hear from the Tri-Met representative. Tri-Met's attorney, Bill Hallmark, related the history underlying the existing uninsured motorist statute, including the former exception for busses, taxis and trucks and that those exceptions were based on the definition of "motor vehicle." Senator Gardner asked again whether, under the proposed bill's amendments to ORS 742.500 through 742.504, bus drivers could get a duplicate recovery. Hallmark responded negatively and explained that the provisions of the existing law allowed for a reduction of uninsured motorist benefits for workers' compensation benefits received in the event of a double recovery problem. Godwin restated Senator Gardner's question:
"If I am working for a private employer and he has private vehicles with private insurance, UM and PIP [personal injury protection] is automatically covered. If an employee is injured while driving one of those company cars on company time and I am injured by an uninsured motorist, I am covered by workers' compensation because I am an employee. Also, the car had UM and PIP coverage. Am I allowed to go against my employer's UM and PIP coverage in excess above my workers' compensation limit?" Tape recording, Senate Judiciary Committee, SB 245, April 30, 1979, Tape 37, Side 1.
Hallmark replied: "It's really not an excess situation. You're allowed to, within the limits of the UM and PIP coverage, if the workers' compensation doesn't satisfy those limits, you can get the difference, but you wouldn't stack one on top of the other." Id.
When the bill went to the House Judiciary Subcommittee, the Department of General Service's representative, Kenneth Dory, explained about the department's original purpose in introducing the bill and pointed out:
"Senator Cook's amendments include UM and PIP by private insurers for any coverage they write for buses, taxi cabs and any privately owned vehicles which are used as a public livery conveyance. The original bill was aimed at public agencies who are self-insured by adding UM and PIP to state-owned vehicles and other public vehicles used by public agencies. The senate amendments made the bill cover Tri-Met and other types of busses like Greyhound and taxi cabs." Tape recording, House Judiciary Su
Page 1 2 3 4 5 6 7 8 9 10 Oregon Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|