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Progressive Insurance v. National American Insurance Co. of California8/31/2005
ehalf of the insured and in violation of the policy shall defeat or void the policy. This section does not apply to motor vehicle liability insurance policies other than those required in connection with ORS 806.060, 806.240 or 806.270."
That statute prohibits the retroactive cancellation of a motor vehicle liability policy required by the FRL after the occurrence of a covered injury . Defendant asserts that its policy is not "an Oregon FRL policy." Defendant is mistaken. Its policy provides motor vehicle liability insurance coverage. Every motor vehicle liability insurance policy issued for delivery in Oregon must, at the least, provide coverage in the amounts required by the FRL. ORS 742.450(2); see Viking Ins. Co. v. Petersen, 308 Or 616, 621, 784 P2d 437 (1989) (because statute listing mandatory contents of motor vehicle liability policy refers to statute stating minimum coverage requirements, every such policy must contain that coverage as a minimum); see also Collins v. Farmers Ins. Co., 312 Or 337, 340-41, 822 P2d 1146 (1991).
The fact that defendant's policy duplicated coverage provided by plaintiff's policy does not alter the analysis. See Safeco Ins. Co. v. American Hardware Mutual Ins. Co., 169 Or App 405, 415, 9 P3d 749 (2000) (holding that a motor vehicle liability insurer may not rely on the existence of duplicate coverage to escape its obligation under ORS 742.450(2) to comply with the FRL). Because defendant's policy was a motor vehicle liability policy required by the FRL, defendant could not retroactively cancel coverage for the Expedition after the occurrence of a covered injury .
Affirmed.
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