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Thompson v. Estate of Pannell8/15/2001
ght most favorable to plaintiff to determine whether, in their entirety, they affirmatively demonstrate that plaintiff has not stated a claim for relief or that defendant has a complete defense. See Slogowski v. Lyness, 324 Or 436, 439, 927 P2d 587 (1996); Williams v. Tri-Met, 153 Or App 686, 958 P2d 202, rev den 327 Or 431 (1998). In this case, whether plaintiff was entitled to a declaration of UM coverage under defendant's self-insurance for motor vehicle liability is purely a question of law under applicable statutes, including ORS 806.010 et seq. and ORS 742.502. See, e.g., Fox v. Country Mutual Ins. Co., 169 Or App 54, 7 P3d 677 (2000), rev den 332 Or 137 (2001) (determining, as a matter of statutory interpretation, whether the trial court erred in granting the defendants' motion for summary judgment against the plaintiff's claim for a declaration of entitlement to UM benefits). We answer that question by applying the familiar methodology of statutory interpretation set out in PGE v. Bureau of Labor and Industries, 317 Or 606, 611-12, 859 P2d 1143 (1993).
ORS 806.010 provides for the offense of "driving uninsured," that is, driving while not in compliance with the motor vehicle-related "financial responsibility requirements" of this state. ORS 806.060 sets out methods by which the financial responsibility requirements can be satisfied. It provides, in part:
"(1) To meet the financial responsibility requirements, a person must be able to respond in damages in amounts not less than those established under the payment schedule under ORS 806.070.
"(2) A person may only comply with the financial responsibility requirements of this state by establishing the required ability to respond in damages in one of the following ways:
"(a) Obtaining a motor vehicle liability policy meeting the requirements under ORS 806.080 that will provide at least minimum limits necessary to pay amounts established under the payment schedule under ORS 806.070.
"* * * * *
"(d) Becoming self-insured as provided under ORS 806.130." (Emphasis added.)
In turn, ORS 806.070 provides that an insurance policy described under ORS 806.080 must provide for payment of at least $25,000 because of bodily injury to or death of any one person in any one accident. See also ORS 806.080 (providing that a "motor vehicle liability insurance policy" must meet specified requirements, including providing the minimum limits of coverage required under ORS 806.070).
ORS 806.130 sets out requirements for "self-insurers." It provides, in part, that a self-insurer must obtain a "certificate of self-insurance" from the Department of Transportation, ORS 806.130(1), and must
" gree to pay the same amounts with respect to an accident occurring while the certificate [of self-insurance] is in force that an insurer would be obligated to pay under a motor vehicle liability insurance policy, including uninsured motorist coverage and liability coverage to at least the limits specified in ORS 806.070." ORS 806.130(3) (emphasis added).
ORS 742.450 provides, in part:
"(2) Every motor vehicle liability insurance policy issued for delivery in this state shall contain an agreement or endorsement stating that, as respects bodily injury * * *, the insurance provides * * *:
"(a) The coverage described in ORS 806.070 and 806.080[.]" (Emphasis added.)
Finally, ORS 742.502(2)(a) provides, in part:
"A motor vehicle bodily injury liability policy shall have the same limits for uninsured motorist coverage as for bodily injury liability coverage unless a named insured in writing elects lower limits. The i
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