Oregon Supreme Court

Batten v. State Farm Mutual Automobile Ins. Co.

September 17, 2021368 Or. 538

Summary

The Oregon Supreme Court answered a certified question concerning whether State Farm’s “other coverage” limitation in its uninsured/underinsured motorist policies violates Oregon law. The Court held the term unenforceable because it makes coverage less favorable than the statutory model. It also rejected State Farm’s reliance on ORS 742.506 to save the term. The decision resolves the dispute for the four consolidated cases.