Or. Admin. Code § 735-050-0062

Current through Register Vol. 63, No. 10, October 1, 2024

Section 735-050-0062 - What Constitutes "Reasonably and in Good Faith"

(1) Examples of circumstances that constitute reasonable and good faith belief include, but are not limited to, the following:

(a) An insurance company accepted application and payment for liability insurance covering the period of time in question;

(b) An insurance carrier or producer (agent) told a person that he or she was insured or would be insured by a particular policy, and the person was not told otherwise until after the accident or the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV) random sample;

(c) A separated spouse, partner in a domestic partnership, or other additional holder of an insurance policy cancels the policy without the person's knowledge and consent as shown by:

(A) Proof of legal separation; or

(B) A written statement from the party canceling the policy; and

(d) A person is not yet 21 years old, is attending school or is in the military service and believes he or she is covered by a parent's policy.

(2) DMV will use the examples in section (1) of this rule as guidelines in making decisions. However, each request for the rescinding of a suspension under this rule will be reviewed on a case-by-case basis.

Or. Admin. Code § 735-050-0062

MV 7-1989, f. & cert. ef. 2-1-89; DMV 20-2003, f. 12-15-03 cert. ef. 1-1-04; DMV 5-2008, f. & cert. ef. 2-4-08; DMV 23-2009, f. 12-22-09, cert. ef. 1-1-10

Stat. Auth.: ORS 184.616, 184.619, 802.010, 806.245, 809.380 & 809.450

Stats. Implemented: ORS 806.245, 809.380 & 809.450