Pierce v. Allstate Insurance Co.

The majority concludes that an insurer must make the offer of UM coverage mandated by ORS 742.502(2) whenever the insurer covers a new risk. It then states that that event is determined by consulting the language of the policy. Because the legislature did not intend that insurers control when insureds are to be informed about the availability of UM coverage, and because the majority’s rule would not promote the purpose of the notice requirement, I dissent.

The purpose of the offer mandated by ORS 742.502(2) is to apprise an insured of the right to choose UM limits equivalent to the insured’s…